MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 April 2000                   
	DOCKET NUMBER:   AR1999028946

	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:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Roger Able		Member	
	Ms. Margaret V. Thompson		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 his records be corrected to show he earned     55 retirement points for fiscal year 1984.

APPLICANT STATES:  That during 1984 he was a member of the Individual Ready Reserve (IRR) and drilled for points only.  He did not sign in on any official roster during that time and therefore he was not given credit for drills.  He discovered this problem in 1988.  He provides a letter from his drill unit’s S-3 (Plans and Operations Officer) verifying that he drilled during this period as supporting evidence.

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

He entered the U. S. Army Reserve (USAR) as a commissioned officer, Medical Service Corps, around 1983.  His retirement year for the period in question was   15 February 1984 through 14 February 1985.  He apparently was in the IRR in 1984 and drilled for points only with a National Guard unit, the 144th Evacuation Hospital, in Salt Lake City.  He apparently never received orders attaching him to this unit for points only.  He did receive an Officer Evaluation Report for 12 days of active duty during the period in question for which the Army Reserve Personnel Command (AR-PERSCOM) has given him retirement points (for a total of 27 points for that retirement year).

Army Regulation 140-10 covers policy and procedures for assigning and attaching USAR soldiers.  In pertinent parts, it states that assignment and attachment will be announced in written orders.  Attachments to Army National Guard units will be for training only.

Army Regulation 140-185 prescribes the types of training and activities for which retirement points are authorized and discusses the procedures for recording retirement point credits and training for USAR soldiers.  In pertinent part, it states that DA Form 1380, Record of Individual Performance of Reserve Duty Training, is used to record inactive duty training by nonunit soldiers under the jurisdiction of AR-PERSCOM who are attached for retirement points only to Army National Guard units or other units for training.

In the processing of this case, an advisory opinion was obtained from              AR-PERSCOM (SEE ATTACHED).  The advisory opinion, in effect, recommended disapproval of the applicant’s request.  

The applicant responded to the advisory opinion stating, in effect, that he understood he will “chalk this up to lessons learned.”

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:
1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The Board understands that the applicant was new to the USAR at the time and relied on his unit to ensure the paperwork was done to properly credit him with the retirement points he earned.  However, the Board must agree with the advisory opinion that a letter of support from the unit’s S-3 15 years after the fact cannot be used as credible evidence in determining whether relief should be granted.

3.  The applicant states he first discovered this problem in 1988.  If he has evidence to show he attempted to correct the problem from this more contemporaneous period of time, he could provide this evidence to the Board with a request for reconsideration of his case.  

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

__wtm___  __ra____  __mvt___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028946	
SUFFIX		
RECON		
DATE BOARDED	20000420	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	135.02	
2.		
3.		
4.		
5.		
6.