MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 February 2000                   
	DOCKET NUMBER:   AR1999027798

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that he be credited with 20 qualifying years for retirement.

APPLICANT STATES:  That he believes the documents he has provided show that he has enough time to qualify him for a retirement with retroactive full pay and allowances.  Supporting evidence is as listed on the DD Form 149.

COUNSEL CONTENDS:  Counsel makes no additional contention.

EVIDENCE OF RECORD:  The applicant's military records show:

He was born on 17 November 1936.  He had three prior periods of active duty in the U. S. Navy from 27 April 1954 through 11 November 1975, 20 August 1959 through 27 September 1962 and 28 September 1962 through 25 April 1969 for a total of 18 years, 5 months and 16 days of creditable active service.

The evidence of record shows he enlisted in the U. S. Army Reserve (USAR) on  4 October 1975.  He earned over 70 retirement points per year for the first three years (through retirement year ending date 3 October 1978).  

Of the leave and earnings statements (LES) the applicant has provided for retirement year ending date 3 October 1979, only October 1978 shows he earned inactive duty retirement points (2 points each on 14 and 15 October 1978).  The other LESs show “no drill performance.”  His statement of retirement points erroneously shows he earned only 15 membership points.

There is no entry on his statement of retirement points for what would be retirement year ending date 3 October 1980 and all of the LESs the applicant has provided for that retirement year show “no drill performance.” 

The next retirement year ending date shown on the statement of retirement points is 24 February 1981.  There is no evidence of record to show why it was changed to this date and then reverted to 3 October in subsequent retirement years.  Of the 1981 LESs the applicant has provided, the August 1981 LES shows “TOT PERF FY 81 – UT 18.”  His LESs for September (and October) 1981 show “no drill performance.”  The statement of retirement points shows he earned only 6 membership retirement points.

The statement of retirement points shows the applicant earned over 70 points for retirement year ending date 3 October 1982.

On 7 March 1983, the applicant was reassigned to the USAR Control Group (Reinforcement).  The available statement of retirement points shows he earned only 15 retirement points annually from then on.  On 27 March 1989, he was assigned to the USAR Control Group (Retired) upon completing 20 or more years in the Reserves.  The statement of retirement points shows he earned a total of 61 active duty points throughout his USAR career.

Army Regulation 140-10 governs policy for assigning, removing and transferring USAR soldiers.  In pertinent part, it states that assignment to the Retired Reserve is authorized for a number of reasons, to include completing a total of 20 years of active or inactive service in the Armed Forces.

Army Regulation 140-185 prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for USAR soldiers.  In pertinent part, it provides that an annual Statement of Retired Points will be prepared for all soldiers regardless of the number of points awarded.  The purpose of the statement is to give a permanent record of the total retirement points a soldier earns during a retirement year; to tell the soldier whether he/she earned sufficient points to be credited with a qualifying period for retired pay or for retention in an active status; and to give the soldier an opportunity to request correction of errors in the statement.

Army Regulation 135-180 implements statutory authorities governing the granting of “retired pay” to soldiers and former Reserve components soldiers.

Sections 12731 through 12740 of Title 10, U.S. Code, authorize retired pay for Reserve component military service.  Under this law, a Reserve soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60 and shall have performed the last eight years of qualifying service while a member of a Reserve component.  The term “good years” is an unofficial term used to mean years in which 50 or more retirement points are earned during each year and which count as qualifying years of service for retirement benefits at age 60 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s statement of retirement points shows that, including his prior   18 years of active duty U. S. Navy service, he completed 22 years of qualifying service; however, only the last four of those qualifying years were completed while he was a member of a Reserve component.  The statutory requirement is for the last eight years of qualifying service to be earned while a member of a Reserve component.

2.  The Board notes that the statement of retirement points for retirement year ending date 3 October 1979 erroneously shows the applicant earned only         15 membership points.  The evidence he provides shows he earned an additional 4 inactive duty points for a total of 19 points.  However, that does not equal a “good” year.

3.  The Board also notes there is a change in retirement year ending dates       (24 February 1981) that cannot be explained from the evidence of record available.  It appears the 18 additional points shown on his August 1981 LES may be missing from his statement of retirement points.  However, an addition of 18 points to the credited 6 points would not equal a “good” year.  If the information on the statement of retirement points for any year is incorrect or incomplete, the applicant should provide the Army Reserve Personnel Command with documentation to show the correct number of points creditable due him.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: The applicant’s statement of retirement points does not show his             4 inactive duty points for retirement year ending date 3 October 1979.  Therefore, the Army Review Boards Agency, Support Division, will be directed to administratively correct his statement of retirement points to show he earned       4 inactive duty points and 15 membership points for a total of 19 points for retirement year ending date 3 October 1979.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __gdp___  __tbr___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999027798	
SUFFIX		
RECON		
DATE BOARDED	20000211	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	135.02	
2.		
3.		
4.		
5.		
6.