MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  28 September 2000
	DOCKET NUMBER:  AR2000039586

	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. Carl W. S. Chun		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Ernest M. Willcher		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 credit for qualifying Reserve service for 1984 through 1988 and credit for completion of the Command and General Staff College (CGSC).

APPLICANT STATES: That, after his separation from active duty and entry into the Army Reserve, he was recruited by the US Army Environmental Group (a small, elite intelligence-gathering group).  He contends he was promised full retirement credits for any year in which he performed services for this group, and equivalent credit for the CGSC.  He indicates he was trained on advanced surveillance and clandestine communication techniques.  He provides written background statements in support of his request.

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

During the period 7 July 1959 to 4 June 1963, he attended the United States Military Academy, West Point, New York.

On 5 June 1963, he was commissioned in the Regular Army as a second lieutenant, Infantry.

During the period 9 March 1964 to 25 April 1966, he served in Germany and from 7 May 1967 to 31 December 1968, he served in Vietnam.

On 7 January 1969, he was honorably separated, in the rank of captain, under Army Regulation 635-120, based on his request for unqualified resignation.  His separation document indicates he had 5 years, 7 months and 3 days of creditable service.

On 8 January 1969, he entered the Army Reserve, in the rank of captain.  He was assigned to the USAR Control Group, St Louis, Missouri.

During the period 8 January 1969 through 7 January 1973, records show he failed to attain and was not credited with the annual minimum qualifying points.

During the period 8 January 1973 through 7 January 1984, records show he attained and was credited with at least the minimum number of points for qualifying years.

On 6 January 1976, he was promoted to the rank of major.

During the period 8 January 1984 through 8 March 1984, records show he failed to attain and was not credited with the annual minimum qualifying points.

On 8 March 1984, he was transferred to the Retired Reserve due to his non-selection for promotion to lieutenant colonel.

There is no record of completion of the CGSC.

On 13 February 1996, the Chief of the Retired Activities Division of the Army Reserve Personnel Center, stated the applicant had 16 years, 9 months and       2 days of qualifying service toward retired pay, gained from 5 June 1963 to         8 March 1984. 

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.  In view of the circumstances in this case, this applicant is not entitled to qualifying Reserve credit for the period 1984 to 1988 or credit for completion of the CGSC. 

2.  There is no evidence to support the applicant’s contentions that he was given full credit for his Reserve membership or equivalent credit for CGSC completion, nor has be presented evidence to show error or injustice.

3.  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 this requirement.

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

__ro___  ___dh___  ___ew___ DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000039586	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000928	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.135	Reserve Service Credit	
2.100	Credit for CGSC	
3.		
4.		
5.		
6.