MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:  11 February 2000
	DOCKET NUMBER:   AR1999028192

	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.

	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern		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:  That he receive 9 years back pay as an E-6 and 
7 years back pay as an E-7, the rank he would have been upon his lawful retirement.  He also requests a 20 year letter of eligibility for retirement for his 
28 years of service.

APPLICANT STATES:  That he was discharged unlawfully from his Army Reserve unit.

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

He enlisted in the Regular Army on 28 September 1976 from the delayed entry program which began on 25 September 1976.  He served as a communications equipment repairman and advanced to the grade of E-4.  On 24 September 1979, after 2 years, 11 months, and 27 days of active duty, he was honorably released from active duty as an overseas returnee and transferred to the USAR Control Group (Reinforcement).  On 5 November 1981, he transferred to a USAR Troop Program Unit in Monroe, Louisiana, as a cook.  On 2 February 1982, he was assigned as an MOS 11B3X, Drill Instructor.

On 25 September 1982, the applicant reenlisted in the USAR for 3 years.  He was promoted to E-5 on 12 March 1983 and E-6 on 5 May 1984.  On 
15 September 1985, the applicant reenlisted for another 3 years.  Noncomissioned Officer Evaluation Reports (NCOER) from October 1983 to September 1987 were respectively average (score of 123), below average (101), a max report (125), and a substantially deficient report with a score of 62.  This last report states that the applicant failed the Drill Instructor End Of Course Training (EOTC), was not able to perform at annual training, does not try to perform, and does not deserve the rank he is carrying.  All four NCOERs were rated, indorsed and reviewed by the same rating chain personnel.  His record does not show a duty position assignment beginning 1 October 1987.

In 1988, the applicant was ordered to annual training to a 94B10 Food Service Specialist qualification course at Fort Chaffee, Arkansas, from 31 July 1988 to 
12 August 1988.  He achieved course standards.  On 13 October 1988, the applicant was discharged by orders from Headquarters, Fifth United States Army, by reason of expiration of term of service, according to Army Regulation 135-178, paragraph 11-1.  There is no evidence that the applicant applied for reenlistment.

As of 13 October 1988, he served on active duty for 2 years, 11 months, and 
27 days and served in USAR Troop Program Units (TPU) for 6 years, 11 months, and 9 days for a total of less than 10 years.  The record does not show if all years in the USAR TPU were good years for retirement credit.  Time served in the USAR Control Group (Reinforcement) is not creditable toward retirement unless 50 or more retirement points are earned each year through correspondence course completions, participation in annual training or active duty for training.

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.  There is no evidence that the applicant was improperly discharged.  He was discharged at the expiration of his term of service (ETS) according to his enlistment contract.  There is no evidence that the applicant requested reenlistment after his ETS.

2.  The applicant has less than 10 years service creditable toward retirement at age 60 and is therefore not eligible for a 20 year letter of eligibility for retirement at age 60.

3.  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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__MP___  __GP____  ___TR___  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028192	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/02/11	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.