MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 October 2000                   
	DOCKET NUMBER:   AR2000044428

	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:

	Ms. Melinda M. Darby 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. William D. Powers		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 his records be corrected to show he retired for length of service after completing 20 years of active service.

APPLICANT STATES:  That he had 20 years of active service yet he was never retired.  He provides Honorable Discharge Certificates from the U. S. Marine Corps (USMC), the U. S. Navy (USN) and the U. S. Army Reserve (USAR) as supporting evidence.

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

He enlisted in the USAR on 20 March 1958.  His Enlistment Record – Armed Forces of the United States, DD Form 4, for that enlistment shows that he had prior service in the USMC, apparently on active duty, from 15 January 1944 through 14 January 1949 and in the National Guard from 18 December 1950 through 6 June 1956 as verified from Reports of Separation or Transfer, DD Form 214.  (The National Guard service may have been the Air National Guard as his grade for that period is shown as “T/Sgt” and technical sergeants did not exist in the Army during that period.)  His service in the USN, shown on the Honorable Discharge Certificate provided by him as ending on 1 June 1949, is not verified from evidence in his Army service records.

The applicant was involuntarily ordered to active duty on 15 October 1961, most likely for the Cuban Missile Crisis, and released from active duty on 5 August 1962.  His DD Form 214 for this period shows he had completed 9 months and 21 days of creditable active service for that period and a total of 6 years, 2 months and 13 days of creditable active service as of 5 August 1962.  His        DD Form 214 shows he had completed a total of 15 years, 2 months and 28 days of creditable service for pay as of 5 August 1962.

The applicant was discharged from the USAR on 30 June 1964.

The USN Honorable Discharge Certificate provided by the applicant shows he entered active service on 15 January 1944 and was discharged on 1 June 1949.

The USMC Honorable Discharge Certificate provided by the applicant does not show when he entered active service.  It does show he had previous service from 16 January 1945 to 5 June 1946 and was discharged on 13 January 1949.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 12 sets the policies and procedures for voluntary retirement of soldiers because of length of service.  In pertinent part, it states that a soldier who has completed 20 years active federal service (AFS) and who has completed all required service obligations is eligible to retire.

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.

The Board operates under the procedures set forth in Army Regulation 15-185, which provides that the Board will not consider any application until the applicant has first exhausted all other administrative remedies available.  

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 evidence of record is confusing but, except for one DD Form 4 that shows he had USMC and ARNG service as verified from a DD Form 214 (the DD Forms 214 themselves not being available), it shows that the applicant served less than 7 years on active duty.  The rest of his service was performed while in a Reserve component not on active duty.  Since he did not serve 20 years AFS, he was not eligible for a 20-year active duty length of service retirement.

3.  The evidence of record (aside from the unavailable DD Forms 214) shows that the applicant served less than 17 years total.  His USMC and USN Honorable Discharge Certificates contain duplicate periods of service.  They would credit him at most with about 6 months additional service (the difference between his USN certificate showing he was discharged on 1 June 1949 and his DD Form 4 showing he was discharged from the USMC on 14 January 1949).  This would still not be enough to make him eligible for a Reserve retirement.  

4.  If the applicant still believes he had over 20 years of active duty or over 20 years of Reserve component service, he should address his concern to the Army Reserve Personnel Command (AR-PERSCOM) at Commander, AR-PERSCOM, ATTN:  ARPC-PSR-I, 9700 Page Ave, St. Louis, MO  63132-5200.  He should provide that office all his supporting documents, to include all DD Forms 214 he may have, so that office may compute his correct service.  In the event           AR-PERSCOM does not satisfy his request, he may apply to the Board, with all appropriate supporting documents, for reconsideration.

5.  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

__aao___  __mmd___  __wdp___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044428	
SUFFIX		
RECON		
DATE BOARDED	20001026	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	136.02	
2.		
3.		
4.		
5.		
6.