MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  12 October 2000
	DOCKET NUMBER:  AR2000040255

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. John E. Denning		Member	
	Ms. Carol J. Suiter		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:  In effect, that he be reinstated in the Ready Reserve in order to complete 20 qualifying years of service for retirement at age 60.

APPLICANT STATES:  That his records show that he had 14 years of prior inactive service and 1 year and 8 months prior active duty when he reported for duty in support of Operation Desert Storm.  When he was discharged in 1996 he should have had 20 years service and been authorized retired pay at age 60.  Additionally, he was not given a waiver for his medical problems to enlist in the National Guard.

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

He enlisted in the USAR on 24 April 1974 with 1 year, 8 months, and 23 days prior active duty in the Navy.  He continued his USAR service through a series of reenlistments and effective 15 November 1989 he was promoted to the pay grade of E-6.  His last reenlistment was for 6 years, on 23 January 1990.

The applicant served in Operation Desert Storm from 31 January to 8 May 1991. His report of separation (DD Form 214) shows that he had 1 year, 8 months, and 23 days prior active duty and 14 years, 11 months, and 28 days prior inactive service.  The credit for inactive service time does not verify that this period of service is qualifying service for retirement.

On 9 April 1994 a suspension of favorable personnel actions (FLAG) was initiated by the applicant’s commander based on his failure to pass the Army Physical Fitness Test (APFT).  There is no record of this flag being removed.  On 12 May 1995 the applicant was again flagged for his APFT failure.  Additionally, the applicant was notified that future failure to pass the APFT or other substandard performance could lead to a denied reenlistment or separation for unsatisfactory performance.  There is no record that this second flag was removed prior to his discharge.

On 14 December 1995 the unit commander requested the applicant be discharged on the expiration of his term of service (ETS).  Effective 24 January 1996 the applicant was discharged by reason of ETS in accordance with Army Regulation 135-178.  There is no documentation in the available record to show that the applicant was denied the opportunity to reenlist with his unit or in the Individual Ready Reserve.

A recent summary of the applicant’s retirement points history shows that he is credited with over 22 years of service for pay but not all of this service is qualifying service for retirement.  Only 17 years and 5 months of his total service are qualifying for retirement.

Army Regulation 135-178 provides the policy for separation of Reserve Component enlisted personnel.  It provides that no soldier may be held in service beyond his normal ETS unless extended by another provision of law.

Army Regulation 140-111 provides the policy for reenlistment in the USAR.  One of the provisions of eligibility criteria for reenlistment is that the member must have successfully completed the most recent APFT within the last 18 months.

There is no information in the available record, or provided by the applicant, concerning his attempt to enlist in the National Guard.

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 applicant was discharged on reaching his ETS in accordance with regulations.  There is no indication that he was involuntarily separated with 18 years of qualifying service for retirement.  The available records clearly show that he had 17 years and 5 months qualifying service for retirement.

2.  He had no entitlement to reenlist since he had not passed the most recent APFT.  In fact, he was under a suspension of favorable actions because he had failed to pass the two previous APFTs.

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

__jm__  __jd____  __cs____  DENY APPLICATION

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

INDEX

CASE ID	AR2000040255	
SUFFIX		
RECON		
DATE BOARDED	20001012	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	136.03	
2.		
3.		
4.		
5.		
6.