MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 June 2000                   
	DOCKET NUMBER:   AR2000040028

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Curtis L. Greenway		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 awarded 7 points for the retirement year ending (RYE) 31 December 1999 or enough points to credit him with a qualifying year for retirement.

APPLICANT STATES:  That on 27 August 1999 he received orders discharging him from the U. S. Army Reserve (USAR).  Those orders resulted in his losing the ability to attend active duty for training.  He contacted his Senator and asked his office to investigate why he was discharged.  On 19 November 1999, he received orders voiding his discharge.  The Army informed the Senator that there had been a mistake.  As a result of this mistake, he did not complete any correspondence courses because he believed that he had been discharged from the USAR; therefore, he did not complete the correspondence courses necessary to qualify for a good retirement year.  He did complete 86 credit hours. The 3 months he was uncertain about his status was the reason he did not complete the additional 19 credit hours that would have given him a good retirement year.  He was working on a pace of about 9 credit hours a month.  He would have accumulated an additional 27 credit hours if he had continued at that pace for the entire year.  

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

After having had prior active and inactive service as an enlisted member, the applicant was commissioned and entered active duty on 10 December 1976.  He was released from active duty around 1980.  

Between RYE 19 December 1981 and RYE 19 December 1999, the applicant completed 10 qualifying years for retirement.  

In RYE 19 December 1996, the applicant was credited with 15 retirement points for extension courses but earned only 30 total retirement points that year.  In RYE 19 December 1997, he was credited with 30 retirement points for extension courses and earned 64 retirement points.  In RYE 19 December 1998, he was credited with 16 retirement points for extension courses but earned only 31 total retirement points.  

The U. S. Army Reserve Personnel Command (AR-PERSCOM) issued orders on 27 August 1999 discharging the applicant from the USAR effective 26 August 1999.  In RYE 26 August 1999, he was credited with 16 retirement points for extension courses but earned only 26 total retirement points for that year.  

AR-PERSCOM issued orders on 8 November 1999 voiding their 27 August 1999 orders discharging the applicant.

In retirement year beginning 9 November 1999 and ending 19 December 1999, the applicant was credited with 2 retirement points for extension courses and earned a total of 4 retirement points for that abbreviated year.  

Army Regulation 140-185 prescribes the types of training and activities for which retirement points are authorized.  Table 2-1, rule 4 states that an individual will be awarded 1 retirement point for each 3 correspondence course credit hours satisfactorily completed.

Army Regulation 135-180 implements statutory authorities governing the granting of “retired pay” to soldiers and former Reserve components soldiers.

Sections 12731 through 12738 of Title 10, U.S. Code, authorize retired pay for Reserve component military service.  Under this law, a Reserve soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.  The term “good years” is an unofficial term used to mean years in which 50 or more retirement points are earned during each year and which count as qualifying years of service for retirement benefits at age 60.

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 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.

2.  The Board agrees with the applicant that a Government error occurred when he was erroneously discharged in August 1999.  However, the Board does not agree that the applicant suffered undue harm because of this error.  

3.  The applicant states he lost the ability to attend active duty for training due to his discharge.  However, he has no history of attending active duty for training on an annual basis.  From RYE 19 December 1990 through RYE 19 December 1999 he earned active duty points during only three of those ten retirement years.  He provides no evidence to show he was scheduled to attend active duty for training during the period he was erroneously discharged.  

4.  The applicant states he did not complete any correspondence courses because he believed that he had been discharged, yet he asked his Senator’s office to investigate why he was discharged.  The Board therefore concludes that the applicant had serious doubts about the correctness of his discharge and it would have been prudent for him to continue to complete his correspondence courses in the event his discharge was discovered to be erroneous.

5.  The applicant states he did complete 86 credit hours.  However, at a ratio of  1 point for each 3 hours completed, the applicant should then have been awarded about 28 points for extension courses.  He was only awarded 16 points (18 if the abbreviated year is included).  The Board cannot conclude from this that he would have completed an additional 19 credit hours had he not been erroneously discharged.  Furthermore, 7 additional retirement points would not give the applicant enough credit for a qualifying year for retirement.  During the period 20 December 1998 through 19 December 1999 he earned a total of 30 retirement points (18 for extension courses and 12 for membership points).  Since his discharge was voided, he should be credited with an additional 3 membership points (for the maximum of 15 membership points).  A further addition of 7 points for extension courses would give him a total of only 40 retirement points.  Fifty points are required to earn a qualifying year for retirement.

6.  The Board also notes that the applicant does not have a history of using extension courses to ensure he earns a qualifying year.  Between RYE             19 December 1993 and 19 December 1999 he earned only 1 qualifying year (aided by 30 points for extension courses that year).  During the other 7 years he earned points for extension courses during only 4 years (to include the final, abbreviated year) and during none of those years did he earn a qualifying year for retirement.

7.  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.

NOTE:  Since the applicant’s discharge was voided, the period 20 December 1998 through 19 December 1999 should be one continuous retirement year and he should be credited with 15 membership points.  Therefore, the Army Review Boards Agency, Support Division, will be directed to administratively correct the Retirement Points Accounting System as it pertains to the applicant to show the above correction.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mdm___  __wtm___  __clg___  DENY APPLICATION

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

INDEX

CASE ID	AR2000040028	
SUFFIX		
RECON		
DATE BOARDED	20000627	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	135.02	
2.		
3.		
4.		
5.		
6.