MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            20 December 2001
	DOCKET NUMBER:   AR2001059443

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Mr. Lester Echols		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 granted retirement benefits in the United States Army Reserve (USAR) at age 60. 

APPLICANT STATES:  In effect, that he should have been granted retirement benefits at age 60; however, when he applied, he was informed that he had only served 19 Years, 4 months and 17 days of qualifying service and therefore was ineligible for Retired Pay and benefits.  He also states that he was being paid for 19 years, 11 months and 21 days and believes that he should receive credit for 20 years of qualifying service for retirement.  In support of his application he submits a copy of his Application for Retired Pay Benefits (DD Form 108), the reply he received from the Army Reserve Personnel Command (ARPERSCOM) and miscellaneous copies of documents from his records.

EVIDENCE OF RECORD:  The applicant's military records were not available for review by the Board.  However, the documents submitted by the applicant show:

He was born on 1 May 1929, enlisted in the USAR on 1 July 1949 and served until he was discharged on 30 May 1950, for the purpose of enlisting in the Regular Army.  He served in the Regular Army from 31 May 1950 until he was honorably discharged on 5 June 1953.

He again enlisted in the USAR on 15 November 1975 and continued to serve in the USAR and National Guard (ARNG) until he was honorably discharged from the ARNG on 19 June 1988.  His service for pay purposes was 19 years, 11 months and 21 days. 

On 15 February 1991, the ARPERSCOM Retirement Services Office (RSO) responded to the applicant’s Application for Retired Benefits.  The RSO responded to his request, to the effect, that he had only 19 years, 4 months and 17 days of qualifying service for retirement purposes and because he did not have the required 20 years of qualifying service, he was ineligible to receive Retired Pay. 

There is no indication in the available records to show that the applicant ever disputed the computation of his retirement points or provided additional documentation to the ARPERSCOM to show that he had the points necessary to qualify for a 20-year USAR retirement at age 60 (1 May 1989).

Army Regulation 140-10, in effect at the time, set forth the basic authority for the assignment, attachment, detail, and transfer of USAR soldiers.  Chapter 7 of that regulation relates to the removal of soldiers from active status and states, in pertinent part, that soldiers removed from an active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve. 

Army Regulation 135-178, in effect at the time, established the policies, standards, and procedures governing the administrative procedures governing the administrative separation of enlisted soldiers from the Reserve Components. Paragraph 1-3 states, in pertinent part, that orders discharging a soldier would not be revoked or the effective date changed after the effective date of discharge unless there was a manifest error or fraud.  After the effective date of discharge, orders could not be amended by the separation authority only to correct manifest errors such as the wrong character of service or correct administrative errors such as errors concerning rank, social security number, or misspelled name.

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 requirement for a 20-year USAR retirement is to have served 20 years of qualifying service for retirement purposes and to have reached the age of 60.  The applicant did not have 20 years of qualifying service at the time of his discharge and he has submitted no argument or evidence to show that the computation of his service is incorrect.

3.  While the Board understands his concerns and appreciates the service he rendered to his country, the standard of accruing a minimum of 20 years of qualifying service has been in effect during the entire period in which the applicant served.  Accordingly, in the absence of evidence to the contrary, there appears to be no basis to grant him additional service or to qualify him for Retired pay and benefits.

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

___js____  ___le ___  ___tbr___  DENY APPLICATION

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

INDEX

CASE ID	AR2001059443	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/12/20	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  334	135.0200/RET PT CR	
2.		
3.		
4.		
5.		
6.