MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 April 2001                  
	DOCKET NUMBER:   AR2000047669

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman		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 served an unspecified number of years and to show his rank as lieutenant colonel.

APPLICANT STATES:  That he served in the Army from 1967 to 1969 and in the U.S. Army Reserve (USAR) from 1970 to 1992.  He claims that he should have been a lieutenant colonel.  In support of his application, he submits a copy of discharge orders from the Individual Ready Reserve (IRR) and a Leave and Earnings Statement for the period 1-31 August 1981.

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

The applicant initially served in the Army from 13 September 1967 to 29 August 1969.  He enlisted in the USAR on 8 March 1975 and served until he was honorably discharged on 13 September 1981.  He was appointed as a Reserve commissioned officer in the Medical Service Corps on 14 September 1981 in the rank of first lieutenant with credit for 3 years, 7 months and 2 days of service in an active status.  The applicant was honorably discharged on 1 June 1992.

The applicant’s service personnel records contain a letter, dated 2 January 1991, from the U.S. Army Reserve Personnel Center, which forwarded him a printout of DARP Form 249 (Summary Points Inquiry) for the period 13 September 1967 through 7 March 1990.  This document shows that the applicant served nine years of qualifying service for Reserve retirement benefits at age 60.  

The applicant’s service personnel records do not contain a 20-year retirement letter or otherwise show that he completed 20 qualifying years of service for non-regular retirement at age 60.

The applicant’s service personnel records contain documents which show he was promoted to the rank of captain; however, there is no evidence of record which shows the effective date or date of rank of his promotion to captain.

On 4 March 1992, the applicant was notified that he was nonselect for promotion to major after a second consideration by a selection board.  He was advised that he should complete the Reserve Status Statement and Election of Options to indicate whether or not he wanted to be transferred to the Retired Reserve.  However, the applicant did not complete the election of options statement within the time allotted.  As a result, he was transferred to the IRR and orders were published by the U.S. Army Reserve Personnel Center which discharged him in the rank of captain effective 1 June 1992.

Sections 12731 through 12739 of Title 10, United States 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.  After 1 July 1949, a qualifying year is one in which a Reserve soldier earned 50 retirement points or more.  This law further requires that the last 8 years of qualifying service must be in a Reserve Component.

Section 12731(d), Title 10, United States Code, provides that the Secretary concerned shall notify each person who has completed the years of service required for eligibility for retired pay under this chapter.  The law also required that the notice shall be sent in writing.

Title 10 United States Code, Section 3846 provides that an officer in the reserve grade of first lieutenant, captain or major who was considered but not recommended for promotion by two selection boards shall be transferred to the Retired Reserve if qualified and applies or shall be discharged from his reserve appointment if not qualified for transfer to the Retired Reserve.

Army Regulation 140-10 (Assignments, Attachments, Details and Transfers) covers subject policy and procedures and, in pertinent part, provides detailed procedures regarding removal of Army Reserve members from an active status.  Paragraph 7-4 requires removal of officers who are twice not selected for promotion to chief warrant officer three, chief warrant officer four, captain, major and lieutenant colonel.

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 served on active duty from 13 September 1967 to 29 August 1969 and in the USAR from 8 March 1975 to 1 June 1992.

2.  There is no evidence the applicant completed 20 qualifying years of service for Reserve retirement benefits at age 60.

3.  Records show the applicant was promoted to the rank of captain and then was twice nonselect for major.  

4.  There is no evidence that the applicant was promoted to major or lieutenant colonel.  There is also no evidence of record which shows that he ever served as a lieutenant colonel in the USAR.  Therefore, his records properly reflect his highest grade held as a captain and his records are correct as currently constituted.

5.  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.
6.  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

RWA____  RTD____  DPH____  DENY APPLICATION

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

INDEX

CASE ID	AR2000047669	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010412	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.0000	
2.		
3.		
4.		
5.		
6.