SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  21 November 2000
	DOCKET NUMBER:  AR2000049319

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  A quorum was present during the further consideration and deliberation.  The findings appearing in proceedings dated 13 April 2000 were affirmed.  The following additional findings, conclusions, and recommendation were adopted by the Board.

	Mr. Carl W. S. Chun		Director	
	Mr. David E. Weightman		Senior Analyst	

	The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 13 April 2000.

	Mr. Thomas A. Pagan		Chairperson	
	Mr. Thomas E. O’Shaughnessy		Member	
	Mr. Roger W. Able		Member	

	The applicant and counsel, if any, did not appear before the Board.

	The Board considered the following additional evidence:

	Exhibit A:  Memorandum, Transition and Separation Branch, US Army Reserve Personnel Command, Subj:  Request for Advisory Opinion, dated 17 October 2000.

         ABCMR Proceedings, Subj: as above, dated 13 April 2000.

THE BOARD ADDITIONALLY FINDS:

11.  On 17 October 2000, an official of the Transition and Separation Branch, US Army Reserve Personnel Command notified the ABCMR with an advisory opinion, in effect, that the recommended correction for awarding 2 additional years of qualifying service for retired pay and benefits was not specified.  It was also stated that the applicant should be entitled to Reserve retired pay and benefits effective the date he reached age 60, on 26 December 1993.

12.  On 26 December 1993 the applicant was determined not eligible nor entitled to Reserve retired pay and benefits.  He had not completed the required Reserve service.  He was previously advised of his ineligibility on 12 November 1981 and on 13 August 1999.

13.  On 13 April 2000 the ABCMR recommended award of 2 years of qualifying service for Reserve retired pay and benefits on a compassionate basis.  The recommendation was approved by order of the Secretary of the Army on 20 April 2000.  The correction of his records thus provided his qualification and eligibility for Reserve retired pay and benefits, but only effective upon his application to the ABCMR, on 25 August 1999.  He is not eligible or entitled to the pay prior to this date.

14.  Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service), indicates, in pertinent part, that to be eligible for retired pay, an individual need not have a military status at the time of application, but must have (1) attained age 60; (2) completed a minimum of 20 years of qualifying service; and, (3) served the last 8-years of his or her qualifying service as a Reserve component soldier. 

15.  Qualifying years of service for retired pay are years in which 50 or more retirement points are earned during each year, and which count as qualifying years of service for retirement pay and benefits at age 60.

THE BOARD ADDITIONALLY CONCLUDES: 

5.  At the time of the Board’s 13 April 2000 decision in this case, it was the intent of the Board to make the applicant’s record as administratively correct as it should properly have been at the time.

6.  In view of the additional factors in this case the applicant is entitled to correction of his record to show he was awarded a transfer of retirements points from overage years to unqualified years.  It should be shown that 23 retirement points from retirement year ending (RYE) 1974 are transferred to RYE 1978, for a total of 57 retirement points for RYE 1974 and 50 points for RYE 1978.  It should also be shown that 11 points from RYE 1975 are transferred to RYE 1983, for a total of 65 points for RYE 1975 and 50 points for RYE 1983.  These corrections will show completion of 8 years of qualifying years in a Reserve Component and will qualify the applicant for Reserve retired pay and benefits.

7.  The Board also notes that the 13 April 2000 ABCMR decision specified that the applicant is entitled to Reserve retired pay and benefits effective 25 August 1999, the date he made application to the ABCMR.  He was not qualified nor eligible for the pay prior to this date.

8.  In view of the foregoing findings and conclusions, and insofar as the Department of the Army is concerned, it would be appropriate to correct the applicant’s records as recommended below.

THE BOARD RECOMMENDS:

That all of the Department of the Army records related to this case be corrected by amending the Board’s recommendation appearing in the proceedings, dated 13 April 2000:

	a.  by showing that 23 retirement points from RYE 1974 are transferred to RYE 1978, for a total of 57 retirement points for RYE 1974 and 50 points for RYE 1978; and

	b.  by showing that 11 points from RYE 1975 are transferred to RYE 1983, for a total of 65 points for RYE 1975 and 50 points for RYE 1983.

BOARD VOTE:

__tp____  __to___  ___ra____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Thomas A. Pagan____
		        CHAIRPERSON

INDEX

CASE ID	AR2000049319	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001121	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	136	
2.		
3.		
4.		
5.		
6.