MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 December 2000                   
	DOCKET NUMBER:   AR2000047061

	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. James P. Huber		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Kenneth L. Wright		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 credited with an additional 230 retirement points for retired pay purposes.

APPLICANT STATES:  That he served with the Standby Reserve from 1983 to 1996.  He provides a Chronological Statement of Retirement Points, ARPC Form 249-2-E dated 24 March 2000; Orders 22-6, Headquarters, First United States Army dated 1 February 1983 assigning him to the U. S. Army Reserve Control Group (Reinforcement); a letter dated 17 May 1999 requesting transfer to the Retired Reserve; and an extract from the Reserve Retirement Benefits Book as supporting evidence.

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

He was born on 30 July 1940.  He enlisted in the U. S. Army Reserve (USAR) on 21 March 1962.  He was promoted to Sergeant First Class, E-7 on 27 December 1968.  He last reenlisted in the USAR on 24 August 1980 for 3 years making his expiration term of service (ETS) 23 August 1983.  His notification of eligibility for retired pay at age 60 (his 20-year letter) is dated 24 June 1982.  

On 2 December 1982, the applicant was notified that he had been non-selected for qualitative retention.  He was informed that he was eligible for transfer to the Individual Ready Reserve (USAR Control Group – Reinforcement) (IRR) or the Retired Reserve.  If he failed to respond indicating his desire, he would be discharged.  He apparently elected transfer to the IRR because orders issued     1 February 1983 transferred him to the IRR effective 15 February 1983.

The applicant’s ETS was 23 August 1983.  There is no evidence of record to show he reenlisted at this time.  His discharge was administratively delayed but orders were finally issued on 25 July 1984 honorably discharging him from the USAR effective 1 August 1984.  These orders were sent to the same address that his earlier 20-year letter, his non-selection for qualitative retention letter, and his transfer to the IRR orders were sent.

The applicant had erroneously been credited with 15 membership points per year from after his discharge until 1996.

The Army Reserve Personnel Command confirmed that they have approved the applicant for retired pay. 

Army Regulation 135-178 establishes policies and procedures governing the administrative separation of enlisted soldiers from the Army National Guard of the United States and the USAR.  In pertinent part, it states that on expiration 

term of enlistment, reenlistment, or period of statutorily obligated service, the soldier will be discharged by the separation authority.  When through administrative error a soldier is not discharged on the actual date of completion 
of term of enlistment, reenlistment or date of completion of obligated service, the soldier will be considered to have been retained beyond normal discharge date for the convenience of the Government.

Army Regulation 135-180 implements statutory authorities governing the granting of “retired pay” to soldiers and former Reserve components soldiers.  Paragraph 2-2h states in part that only soldiers assigned to an active status in a Reserve Component are authorized to earn retirement point credits.
 
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 shows that the applicant’s ETS was 23 August 1983.  Despite his earlier transfer to the IRR effective 15 February 1983, as a senior noncommissioned officer he should have been aware that he had to be discharged unless he took action to reenlist.  While his discharge orders should have been issued around August 1983, they were administratively delayed until August 1984.  Notwithstanding, the discharge orders were sent to his home address and receipt of them should have come as no surprise to the applicant.  Once discharged, the applicant was no longer in an active status and was not eligible to be credited with retirement points.  There is no evidence to show that the applicant questioned his discharge orders at the time.  The fact that the Army Reserve Personnel Command (formerly known as the Army Reserve Personnel Center) erroneously continued to credit him with membership points after his discharge from the USAR is insufficient reason to grant the relief requested.  

3.  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

__jph___  __rjw___  __klw___  DENY APPLICATION

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

INDEX

CASE ID	AR2000047061	
SUFFIX		
RECON		
DATE BOARDED	20001219	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	135.02	
2.		
3.		
4.		
5.		
6.