MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 September 1999                   
	DOCKET NUMBER:   AR1999028382

	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. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. John P. Infante		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 be given credit for the period 9 April – 5 June 1960 for retirement purposes.  He also inquires if his time in the Civil Air Patrol counts for retirement points.

APPLICANT STATES:  That the U. S. Army Reserve Personnel Command     (AR-PERSCOM) did not give him credit for that period.  Supporting evidence is as listed on the DD Form 149.

COUNSEL CONTENDS:  Counsel makes no contention.

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

He was born on 5 July 1941.  He had served 2 years in the Civil Air Patrol when he enlisted in the U. S. Army Reserve (USAR) on 9 April 1960.  He was discharged on 6 June 1960 for the purpose of enlisting in the Regular Army on   7 June 1960.  He was discharged from the Regular Army on 19 December 1968. He reenlisted in the USAR on 27 August 1972.  He received his notification of eligibility to receive retired pay at age 60 (his 20-year letter) around 1985.

The applicant’s chronological statement of retirement points begins with the date 7 June 1960.

Army Regulation 140-185 prescribes the types of training and activities for which retirement points are authorized.  Only Ready Reserve soldiers and Active Standby Reserve are authorized retirement point credit.  The retirement year beginning date will be the date of initial entry into a Reserve Component but may be changed under certain circumstances, such as the soldier having a break in service.  Retirement points may be earned by USAR soldiers for active duty (AD), or while in an active Reserve status for active duty for training (ADT), initial active duty for training (IADT), involuntary active duty for training (involuntary ADT), annual training (AT), inactive duty training (IDT), Reserve membership (15 points for each year in an active status) and for certain other activities specified in this regulation (such as correspondence courses completed under certain specifications).  

Title 10, U. S. Code, section 9441, states that the Civil Air Patrol is a volunteer civilian auxiliary of the Air Force.  

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.  Members of the Civil Air Patrol are volunteer civilians, not Ready Reserve soldiers, and so are not eligible to earn retirement point credit.

2.  The applicant’s date of initial entry into a Reserve Component was 9 April 1960 and by regulation his initial retirement year beginning date should have begun on that date.  However, there is no evidence of record and he provides no such evidence to show he met any of the criteria for earning retirement points,    e. g., IDT performed, during his initial period in the USAR.  He would not have been authorized 15 points for membership since he did not serve one year in that status.  

3.  The Board will not direct that the applicant’s initial retirement year beginning and ending dates be changed solely to correct this administrative error as such correction will not affect the total number of points he earned nor the number of qualifying years he served.  If he can provide evidence, i. e., pay vouchers or records of attendance, to show he performed duties that would have earned him retirement points during the period 9 April – 6 June 1960, he should provide such documentation to AR-PERSCOM per the instructions on the Statement of Retirement Points.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __clg___  _jpi____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999028382	
SUFFIX		
RECON		
DATE BOARDED	19990922	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	135.02	
2.		
3.		
4.		
5.		
6.