MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           30 August 2001                   
	DOCKET NUMBER:   AR2001059769

	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. Edmund P. Mercanti .		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Mr. Christopher J. Posser        		Member	
	Ms. Linda D. Simmons		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 that he was eligible for retired pay for non-regular service (service in the USAR not on extended active duty) when he was transferred to the Retired Reserve.

APPLICANT STATES:  He was transferred to the Retired Reserve and has now been told that, due to clerical errors which were not his fault, he is not entitled to retired pay.

In a supplemental letter dated 9 July 2001, the applicant elaborates that he had been given retirement statements on several occasions between 1962 and 1967 that showed that he had 17 years, 9 months and 23 days of creditable service.  However, those statements were missing retirement points for service he had performed, and he was told by the (then) Reserve Component Personnel and Administration Center (RCPAC) that he was only missing two weeks of active duty to “make my Statement of Service record complete for creditable retirement years.”

In 1995 he was informed that service in the Retired Reserve was not creditable for retirement purposes.  He asks “Why in the world did you transfer me to the Retired Reserve in 1968, without consulting me at all, when I was only 46 years of age, did not request it, needed only 2 years, 2 months and 8 days for 20 creditable [years for] retirement, and had ample time to work for it?”  The applicant concludes that he was improperly denied the opportunity to complete a questionable amount of time.

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

He was inducted on active duty on 8 August 1942 and was commissioned on 17 March 1943.  He remained on active duty in his commissioned status until 25 February 1946, at which time he reverted to the Officer Reserve Corps (ORC).  He was commissioned in the USAR on 1 July 1949 and remained assigned to the Ready Reserve (an active status), being promoted to lieutenant colonel.

On 9 November 1966 the RCPAC sent the applicant a letter informing him that he had accrued the minimum number of retirement points to remain in an active status.  However, he was told that since he had 19 years, 9 months and 23 days of qualifying service, he would be retained until he earned 20 qualifying years of service or until 30 June 1968, whichever was earlier.

On 29 January 1968 a letter was sent to the applicant confirming the information discussed between him and a member of the staff of RCPAC on 24 January 1968.  In that letter it was stated that the applicant had erroneously been given a letter informing him that he had 19 years, 9 months and 23 days of qualifying service.  Due to that error, the RCPAC had waived the mandatory removal scheduled for 30 June 1968 and would retain him in an active status as long as he earned a minimum of 27 retirement points a year.  In the record of phone conversation which generated the letter to the applicant, it was recorded that the applicant was told that he actually had 17 years, 9 months and 23 days of creditable service.

On 4 March 1968 the applicant wrote the RCPAC stating “It is with regret that I must request that I be removed from Active Status in the United States Army Reserve . . . recent events in my personal and business life make it absolutely impossible for me to meet the minimum standards for retention.  There is no point in my making periodic requests for waivers and creating additional work for your office when I honestly realize the futility of the situation.  As regards possible retirement, it may seem foolish to lose the monetary benefits; however, I cannot morally justify retirement reimbursement anyway.  I have always felt that it was an honor and a privilege to have served my Country, and I have been repaid many times over, through educational opportunities, home mortgage, etc.”

Based on that request, on 1 May 1968 the applicant was transferred to the Retired Reserve.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  Contrary to the applicant’s contention, he was well aware of how many creditable years of service he had at the time he submitted his request to be removed from an active status, and knew that his request would result in the loss of retired pay at age 60.

2.  As such, the Board must conclude that the applicant was properly transferred to the Retired Reserve without sufficient qualifying years of service for retired pay.

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

___lds___  ____rvo _  ___cjp___  DENY APPLICATION

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

INDEX

CASE ID	AR2001059769	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010830	
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.	135.02	
2.		
3.		
4.		
5.		
6.