PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           18 April 2002
	DOCKET NUMBER:   AR2001059536

	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.  

	Mr. Carl W. S. Chun		Director	
	Ms. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Ronald E. Blakely		Member	

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

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in essence, correction of his military records to show revocation of his discharge and extension of his mandatory retirement date (MRD).  The applicant amended his application to request transfer to the Retired Reserve in lieu of discharge as appropriate.

3.  The applicant states, in essence, that calculations of his retirement points are incorrect for several years.  In effect, his record should show sufficient qualifying years for pay at age 60.  He states, that he rebuilt his service record, to correct errors or omissions to his retirement points.  He did receive some adjustments for six years, but believes that at least four other years are also in error.  Therefore, he is seeking to remain in the service until June 2003.  This would allow him time to complete all the necessary corrections to his service record and achieve his 
20 years of service.  In support of his claim he submits a letter summarizing his effort to correct his qualifying years, a 28 September 2001 memorandum from the Army Reserve Personnel Center PSP-T, Service Transition and Separation Branch, and a copy of his Retirement Points Accounting System (RPAS) Report dated 13 June 2001.  

4.  The applicant’s military record shows on 27 May 1962, he enlisted in the United States Army Reserve (USAR) for 6 years.  He completed his initial active duty for training (IADT) tour of 6 months, was awarded military occupational specialty (MOS) 310 (Field Communication Crewman) and was honorably released on 
26 November 1962.  He then returned to his USAR unit to complete his remaining obligated service.  

5.  On 12 June 1966, he entered USA Infantry School as an officer candidate.  On 15 August 1966, he was appointed and commissioned as a second lieutenant in the USAR, Infantry.  

6.  On 28 September 2001, a memorandum from the Transition and Separation Branch responded to the applicant’s request for correction of his service credits.  The memorandum pointed out that his discharge orders were published because he had attained the maximum authorized years of service but had not accumulated 20 qualifying years of service for retired pay at age 60.  It also noted that his service credits had been recomputed and it was determined that he had 5 more years of valid service at the time of his discharge on 2 December 1994.  This gave him 19 qualifying years of service and, if those years had been credited to him prior to his discharge, he would have been eligible to be locked-in to complete 20 qualifying years of service.  The memorandum also points out that, the Army Reserve Personnel Command (AR-PERSCOM) does not have the authority to revoke the discharge orders and to grant the applicant a 2-year extension at this late date.  The command’s opinion is that authority should be given to revoke the discharge orders, and to retain the officer 2 years from the date of the board’s decision, but not beyond age 60, to allow the applicant time to earn enough points for one additional qualifying year of service for retired pay.  
7.  His RPAS report shows that he has now been credited with 19 years of qualifying service and that he earned 42 points during the Retirement Year Ending (RYE) 16 April 1988.  This RYE occurred during an 8-year period during which the applicant had 6 qualifying years.  During RYE 16 April 1987 he earned 69 retirement points.

8.  Army Regulation 135-180, at paragraph 1-4, states that retired pay is pay granted Reserve component soldiers under Title 10, United States Code, Section 1331, after completion of 20 or more years of qualifying service [a qualifying year requires at least 50 points] and upon attaining age 60.  This pay is based on the highest grade satisfactorily held at any time during an individual’s entire period of service, other than an inactive part of a Reserve component.  

9.  10 USC, Section 12646 provides for the retention of Reserve Officers who have completed more than 18 years but less than 20 years of service to permit them to qualify for reserve retired pay. 

CONCLUSIONS:

1.  The Board, concurs with the Transition and Separation Branch that the applicant was improperly separated.  He was unjustly deprived of the opportunity to be retained to complete 20 qualifying years of service.  

2.  Considering the time elapsed since the applicant’s 1994 discharge the Board considers that restoring him to active status to complete 20 qualifying years is not in the interest of justice.  The Board notes that he earned 42 points during RYE 1988 and needs an 8 additional points to have 20 qualifying years.  Points should be redistributed from another qualifying year so that he may qualify for retired 
pay without having to incur additional service.  He should be issued a letter of eligibility for pay at age 60.  His discharge should be voided and he should be transferred to the Retired Reserve if he so desires.

3.  His retirement points can be further adjusted by application to AR-PERSCOM if he can provide the supporting documentation. 

4.  The applicant is also encouraged to apply for Retired pay prior to correction of his retirement points.

5.  In view of the foregoing the applicant’s records should be corrected as recommended below.

RECOMMENDATION:  

1.  That all of the Department of the Army records related to this case be corrected by:

	a.  redistributing 8 retirement points from RYE 16 April 1987 to RYE 
16 April 1988 making it his qualifying year; 

	b.  issuing him a letter of eligibility to show that he is entitled to Reserve Retired pay at age 60; and

	c.  amending his discharge orders dated 2 December 1994 to show in effect, that he was transferred to the Retired Reserve as of that date.

2.  The Army has an established program to counsel retiring soldiers on the rights, benefits, and privileges afforded as a result of military retirement.  Retirement Services Officers (RSO) are available at most major Army installations to provide a retirement briefing, which includes information on the Survivor Benefit Plan (SBP).  The applicant is advised to contact his nearest RSO as soon as possible to facilitate a smooth transition to retired status.

3.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__FNE __  ___BJE _  __REB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		  Fred N. Eichorn      _ 
		        CHAIRPERSON

INDEX

CASE ID	AR2001059536	
SUFFIX		
RECON		
DATE BOARDED	20020418	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.