MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 April 2000                   
	DOCKET NUMBER:   AR2000035278

	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. Elizabeth Buchanon		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Kenneth L. Wright		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 her ARPC Form 249-2-E, Chronological Statement of Retirement Points be corrected and that her DD Form 214, Report of Separation for the period ending 31 March 1995 be corrected to show she completed 7 months and 22 days of active service.

APPLICANT STATES:  In effect, that she should be credited with 84 total points for retirement year ending (RYE) 6 November 1993; 145 active duty and 168 total points for RYE 6 November 1995; and 25 active duty and 90 total points for RYE 6 November 1997.  Also, she served 7 months and 22 days on active duty; not 7 months and 19 days.

EVIDENCE OF RECORD:  The applicant's military records are not available.  The information contained herein was obtained from documents provided by the applicant.

The applicant apparently enlisted in the U. S. Army Reserve on 7 November 1991 and appears to have enlisted in the U. S. Air Force sometime after RYE     6 November 1997.

In the processing of this case, the Army Reserve Personnel Command           (AR-PERSCOM) recomputed the applicant’s retirement points.  AR-PERSCOM totally agreed with her claim concerning RYE 6 November 1995 and corrected her active duty retirement points to show 145 and her total retirement points to show 168.  AR-PERSCOM disagreed with her claim concerning RYE                  6 November 1993 and retained 74 as her total retirement points.  AR-PERSCOM partially agreed with her claim concerning RYE 6 November 1997 by correcting her active duty points to show 25; however, her inactive duty points were changed to 45 and her total retirement points were changed to 85.                 (AR-PERSCOM noted that she had been credited with inactive duty training (IDT) on 4, 5 and 6 April 1997 (2 points each day) and had served on active duty for training (ADT) for the period 31 March – 11 April 1997).

Per the Department of Defense Financial Management Regulation, volume 7, service dates are computed on a 30-day basis, not a day-by-day basis.  For example, if the ending date falls on the 31st day of the month, then that date is changed to 30. 

Army Regulation 140-185 prescribes the types of training and activities for which retirement points are authorized.  Chapter 2 discusses the 60-point rule, which provides that no more than a combined total of 60 points may be credited for inactive duty training (IDT), extension courses, and membership.  However, the Statement of Retirement Points will report all points earned.  Effective               23 September 1996, the 60-point rule was replaced with the 75-point rule for those soldiers with RYE on or after 23 September 1996.  Personnel on active duty, ADT, or annual training are awarded 1 point for each calendar day they serve in one of these categories and may not be awarded additional points for other activities while in such status.

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 evidence of record shows that the applicant did earn the retirement points she states she did.  As such, AR-PERSCOM updated her Statement of Retirement Points for RYE 6 November 1995 and corrected her active duty retirement points to show 145 and her total retirement points to show 168.  For RYE 6 November 1993, the Board acknowledges that her points add up to 84; however, because of the 60-point rule only 74 points can be credited.              AR-PERSCOM credited her with an additional 12 active duty points for RYE       6 November 1997; however, because of the no-duplication rule her inactive duty points then had to be reduced by 6.

2.  The Board concludes that her DD Form 214 correctly shows she served         7 months and 19 days of active service for the period ending 31 March 1995 because active duty is computed on a 30-day basis, not on a day-by-day basis.
The applicant served on active duty from 12 August 1994 (94 08 12) through     31 March 1995 (95 03 31).  95 03 30 (changing the 31st day of the month to 30) minus 94 08 12 is 7 months and 18 days, add 1 day inclusive for a total of           7 months and 19 days.  

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

__eb____  __tap___  __klw___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR2000035278	
SUFFIX		
RECON		
DATE BOARDED	20000427	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	135.02	
2.	110.00	
3.		
4.		
5.		
6.