PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           8 March 2000                   
	DOCKET NUMBER:   AR1999028073

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

	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  In effect, the applicant requests that his discharge from the Army Reserve in November 1998 be null and void and of no force or effect, and that he be reinstated in the Army Reserve (Individual Ready Reserve).

3.  The applicant states that the information that he did not earn the required      50 retirement points during a retirement year, resulting in his discharge, was incorrect.  He submits copies of documents showing that he did earn the required points. 

4.  The applicant’s military records show that he was an Army Reserve lieutenant colonel, assigned to the Army Reserve Control Group (Reinforcement), training in an attached status for retirement points only, with the 1074th Army Support Group, a Reinforcement Training Unit (RTU), at Fort Lee, Virginia.

5.  On 6 July 1993 he had been notified that he had been retained beyond his mandatory removal date (MRD), until 31 October 2001.  On 25 October 1994 the applicant received his notification of eligibility for retired pay at age 60 (20 year letter).

6.  The applicant’s chronological statement of retirement points shows continued service in the Army Reserve from the time of his commission in 1981, with each retirement year (RY) showing in excess of 50 retirement points earned, except for the RY beginning on 23 June 1997 and ending on 22 June 1998, which shows 46 retirement points earned; and the RY beginning on 23 June 1998 and ending on his discharge date of 25 November 1998, which shows 14 retirement points earned.

7.  On 22 September 1998 the Army Reserve Personnel Command notified him that an officer who has accrued 20 years of qualifying service for retirement pay must earn a minimum of 50 retirement points annually to be retained in an active status in the Army Reserve.  Officers who do not earn 50 points by their retirement year ending (RYE) dates will be removed from an active status.  That command further informed him that he had been identified as not earning the    50 retirement points during his most recent RYE (22 June 1998), and that if that information was incorrect, to notify his team at St. Louis immediately; and if the information was correct to complete an election of options (transfer to the Retired Reserve, discharge, or request a waiver).  He was advised that failure to respond would result in his discharge.  The applicant did not respond and has acknowledged that he did not do so.

8.  The applicant was discharged on 25 November 1998.

9.  DA Forms 1379 (Unit Record of Reserve Training), which the applicant provides, show that the unit to which he was attached normally trained three days a month, 2 hours each day, with unit members earning 1 retirement point for each day trained.  Those forms show that the applicant trained for three days each month of his RY, with the exception of July 1997 (did not train), and August 1997 (trained for one day), for a total of 31 days, earning 31 retirement points.  Additionally, he was granted a total of 30 retirement points for preparation and presentation of instruction for the months of September, October, and    December 1997, and March and June 1998.  Additionally, Reserve soldiers receive 15 points for each year in an active status.  Thus, the applicant earned 76 total retirement points for the RYE on 22 June 1998.

10.  DA Forms 1379 also show that the applicant continued to train during the    RY beginning on 23 June 1998, continuing after his discharge, and at least through May 1999, earned 47 retirement points, not counting the 15 points for being in an active status.  His training in July and August of 1998, however, show attendance at training during only one day in each of those months.     

11.  On 7 February 2000 information was obtained from the officer responsible for submitting retirement point information (DA Forms 1379 and related documents), to the Army Reserve Personnel Command.  That officer stated that the applicant did attend training faithfully, and did prepare for, and present instruction on occasions.

12.  Army Regulation 135-180, paragraph 2-8 describes qualifying service for retired pay as service performed in an active status in a Reserve component or in active federal service.  After 30 June 1949, a reservist must earn a minimum of    50 retirement points each retirement year to have that year credited as qualifying service.  When a person is in an active status for a period less than a full retirement year, a minimum number of retirement points are required to be earned in order to have that period credited as qualifying service.

13.  Paragraph 2-10 provides instructions for computation of service and states, in effect, that after 30 June 1949, one point will be given for each day of active duty, 15 points will be awarded for each year of membership in an active status in a Reserve component, and one point for each authorized participation in drills or period of instruction.  Not more than 60 points per year, including membership points, will be credited for inactive duty training in any one retirement year. 

14.  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 Reserve soldiers.  That regulation states in pertinent part that 60 points for IDT (inactive duty training) and membership points, is the maximum number of points which may be credited to a soldier during a retirement year; however, annual or terminal statement of retirement points will report all points earned.
 
15.  Table 2-1 of the aforementioned regulation states in pertinent part that an individual who attends two-hour unit training assemblies with an RTU in a nonpay status, who is an IRR soldier, will be awarded points under the two-hour rule (one point for each two hour period; maximum of one point each calendar day).  That table further states that an individual who prepares for a training assembly will be awarded points under two/eight hour rule for preparation (one point for each two hour or greater period).   

CONCLUSIONS:

1.  The applicant earned 76 retirement points for his RYE on 22 June 1998.  Consequently, the 22 September 1998 letter notifying him otherwise was based on incomplete information.  Nevertheless, that command did notify him that if that information (that he had not earned 50 points) was incorrect, to notify his team at St. Louis immediately, and that failure to respond to the notification letter would result in his discharge. 

2.  The applicant was clearly derelict in his failure to respond to St. Louis, knowing that he in fact did have more than the 50 points required for a qualifying year of service.  Thus, his discharge was in good part his own fault.   

3.  However, he did serve, and has indicated that he desires to continue service in the Army Reserve; notwithstanding his initial lack of concern as indicated by his failure to respond to the Army Reserve Personnel Command.  He earned the necessary retirement points and should have been given credit for those points.        
4.  Accordingly, he should receive credit for 76 retirement points earned during his RYE on 22 June 1998.  Thus, his discharge on 25 November 1998 is inappropriate, and should be voided.  The applicant should be reinstated in the Army Reserve Control Group (Reinforcement), and his record should show continuous active service in the Army Reserve from 25 November 1998 onward.  He should be allowed to continue to train in an attached status for retirement points only with the 1074th Army Support Group, and if this is not possible, his personnel manger at the Army Reserve Personnel Command at St. Louis should assist him in an attachment to a similar type unit. 

5.  The applicant’s service history clearly shows that he earned more than         50 retirement points in each of his RY beginning in 1981.  The evidence shows that he continued to train, even after his discharge, earning 47 retirement points through May of 1999.  He should receive credit for those points, regardless of his discharge in November 1988, and in all fairness, should receive the                    15 membership points for the RY ending on 22 June 1999, for a total of             62 retirement points.

6.  Furthermore, had he not been discharged, the Board believes that he would have continued to train after 22 June 1999, and would have earned at least        20 retirement points (one each for July and August and three each for September through February 2000, based on his past attendance history).  Thus, and again in order to be fair to the applicant, he should receive 20 retirement points for the retirement year beginning on 23 June 1999 through February 2000, with an additional 3 retirement points for each month through the month of the implementation of this Board’s decision.  He should receive 15 membership points for this retirement year beginning on 23 June 1999.    

7.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by: 

     a.  Voiding the Army Reserve Personnel Command order D-11-874377 of     24 November 1998, discharging the applicant from the Army Reserve on           25 November 1998;  
 
     b.  reinstating the applicant in the Army Reserve Control Group (Reinforcement), showing continuous service in an active status from                25 November 1998 onward, and allowing him to continue to train in an attached status for retirement points only with the 1074th Army Support Group.  If this is not possible, providing assistance to the applicant in obtaining an attachment to a similar type unit;

     c. awarding the applicant 76 retirement points for his RYE on 22 June 1998;

     d.  awarding the applicant 62 points for his RYE on 22 June 1999; and, 

     e.  awarding the applicant 20 retirement points for the RY beginning on        23 June 1999 through February 2000, and 3 retirement points for each month thereafter, through the month of the implementation of this Board’s decision.
      
BOARD VOTE:  

___eja__  ___ewl___  ___rvo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028073	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000308	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  335	111.03	
2.	113.01	
3.	135.03	
4.	135.02	
5.		
6.