PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  24 October 2000
	DOCKET NUMBER:  AR2000039009

	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. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret Patterson		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Edwin S. Castle		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.  The applicant requests that his retirement points for inactive duty training (IADT), from 30 August 1993 to 20 July 1996, be fully accounted for; that his 4 year reenlistment on 7 May 1996 be declared valid; that his retirement points for correspondence course completion, from 23 October 1998 to 27 March 1999, be credited; and that his years of service from May 1996 to May 1999 be added to his total years of service for retirement purposes.

3.  The applicant states that he only received 39 retirement points for his retirement years (RYE) in 1993 through 1996 instead of 50 points.  He reenlisted in the USAR in May 1996 and it was later declared invalid.  He completed correspondence courses from 1998 through 1999 but was not given retirement point credit.  He believes that his reenlistment was valid and he should receive all credit due him.  He submits copies of his record of training and correspondence course completion forms in support of his application.

4.  The applicant’s military records provided to the Board consist of a September 1992 NCO Evaluation Report and three pages of his reenlistment documents from 7 May 1996.  This review is being conducted from partial records obtained from alternate sources.

5.  His Chronological Statement of Retirement Points shows that he enlisted and entered active duty on 12 July 1963.  He was separated from active duty on 2 July 1966 and transferred to the Army Reserve.  Between 12 July 1969 and 21 July 1976 he had no military status.

6.  It appears that the applicant reenlisted in the Army National Guard (ARNG) on 22 July 1976 and transferred to the USAR for the remainder of his service in 1980. He was promoted to pay grade E-7 effective 3 May 1987.

7.  His Chronological Statement of Retirement Points shows that on 21 July 1993, he had 20 years, 11 months, and 21 days creditable service for retirement at age 60.  The total points creditable for his RYE of 1994 and 1995 shows 39 points.  Twenty-four of those points for 1994 and 1995 are credited for IADT and no points are credited for completion of correspondence courses.  He received no creditable points for IADT or completion of correspondence courses for his RYE of 1996.

8.  The applicant provides copies of three DA Forms 1380 (Record of Individual Performance of Reserve Duty Training).  The first one shows that he was credited with 35 retirement points from 30 August 1993 through 20 July 1994 for recruiting duties with an ARNG organization.  The second one shows that he was credited with 36 retirement points from 30 August 1994 through 20 July 1995 for recruiting duties with an ARNG organization.  The third one shows that he was credited with 36 retirement points from 30 August 1995 through 20 July 1996 for recruiting duties with an ARNG organization.

9.  The applicant provides copies of his enlistment documents from 7 May 1996.  The DD Form 4/1 and 4/2 (Reenlistment Document) shows that he was reenlisting in the Army Reserve for 4 years effective 7 May 1996.  The accompanying DD Form 2246 (Medical Prescreening Form) and USMEPCOM Form 714-A (Request for Examination) show that he was reenlisting in the ARNG.  The enlistment documents were prepared by recruiting personnel from the Pennsylvania ARNG.

10.  On 20 August 1996 the AR-PERSCOM discharged the applicant effective 6 May 1996.  The reason stated for the discharge was based on his immediate reenlistment the day prior to the effective date.

11.  Additional documents provided by the applicant indicate that he requested to enroll in Army correspondence courses in 1998.  Based on his apparent reenlistment in May 1996 the Army Reserve Personnel Command (AR-PERSCOM) approved his enrollment on 10 September 1998.  From October 1998 to March 1999 he completed 20 medical subcourses for 171 credit hours.

12.  In March 1999 he was tentatively identified as eligible for consideration for promotion to pay grade E-8.

13.  On 18 June 1999 the AR-PERSCOM notified the applicant that his expiration of term of service (ETS) had been identified as 7 May 1996.  He had the option of requesting transfer to the Retired Reserve or discharge.  It appears that the applicant elected transfer to the Retired Reserve because that is his current status.

14.  A 29 July 1999 letter from the AR-PERSCOM to a member of congress explained why his prior (7 May 1996) reenlistment was invalid.  By regulation, only the AR-PERSCOM is authorized to issue the authority to reenlist soldiers assigned to their command.  Additionally, the applicant did not have a current physical and failed to complete a physical examination even after executing the reenlistment forms.

15.  The AR-PERSCOM also noted that the applicant had not received authority to train in an attached status with the Pennsylvania ARNG so he was not entitled to any retirement point credit for that duty.  The applicant was notified of the procedure to follow to reenlist, as an exception to policy, and receive an antedated contract.  There is no documentation in the available record, or provided by the applicant, that he took any subsequent actions to reenlist in accordance with the instructions provided.

16.  Army Regulation 140-185 prescribes the policy for award of retirement points.  It provides for the award of one retirement point for each new enlistee recruited.

CONCLUSIONS:

1.  The applicant was an experienced senior NCO with over 20 years of military service and numerous completed reenlistments.  He knew, or should have known, how to properly process his request for reenlistment.  Additionally, there is no evidence that he attempted to take corrective action when provided the opportunity to do so.

2.  His reenlistment of 7 May 1996 was not valid and he is not entitled to service or retirement point credit after the date of his ETS of 6 May 1996.

3.  The applicant has provided sufficient evidence that he performed recruiting duties in a points only status from 30 August 1993 through 30 April 1996 and he is entitled to the retirement points shown on the applicable DA Forms 1380.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case for the individual concerned be corrected by:

	a.  showing that he earned 35 IADT retirement points for his RYE of July 1994;

	b.  showing that he earned 36 IADT retirement points for his RYE of July 1995; and

	c.  showing that he earned 27 IADT retirement points for his RYE of May 1996.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__mp___  __jm___  __ec___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Margaret Patterson____
		        CHAIRPERSON

INDEX

CASE ID	AR2000039009	
SUFFIX		
RECON		
DATE BOARDED	20001024	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	135.02	
2.	112.00	
3.		
4.		
5.		
6.