MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 February 2002
	DOCKET NUMBER:   AR2001060015

	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. George D. Paxson		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Melvin H. Meyer		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 retired pay be increased by 7.5%. 

APPLICANT STATES:  In effect, that his retired pay should have been increased by 7.5% when he turned 60 years of age because of his participation for 3 years in the active Reserve during the years of 1955 to 1957.  He further states that during those years he earned more than enough points to qualify for creditable years towards retirement and was informed at the time he retired that he would receive credit for those years at age 60. 

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

He was inducted on 17 February 1953 and served until he was honorably released from active duty (REFRAD) on 16 February 1955 and was transferred to the United States Army Reserve (USAR) to complete his statutory service obligation.  There is no indication in the available records to show the extent of his participation in the USAR; however, his records do indicate that he was honorably discharged from the USAR in April 1961.

On 21 February 1962, he enlisted in the Regular Army for a period of 3 years. His service dates were adjusted to reflect a pay entry basic date (PEBD) of 2 January 1954 and a basic active service date (BASD) of 21 February 1960.  He remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-7 on 3 April 1976.

On 1 August 1979, the applicant submitted an Application for Voluntary Retirement (DA Form 2339) in which he requested that he be granted voluntary retirement by reason of length of service, to be effective 1 February 1980.  In his application, service computations were made which gave the applicant credit for 6 years and 3 days of inactive service in the USAR for pay purposes.  He was credited with 20 years and 25 days of active Federal service and 26 years and 28 days of service for pay purposes. 

On 31 January 1980, he was honorably REFRAD and was transferred to the Retired List, effective 1 February 1980, under the provisions of Title 10, United States Code, Section 3914.

The Department of Defense (DOD) Financial Management Regulation (also known as Volume 7B of the DOD Pay Manual) provides the provisions of law that apply to Retired Pay.  It provides, in pertinent part, that Non-Regular Retired Pay is not authorized for anyone who is entitled under any other provisions of law to receive Retired Pay from the armed forces.  Computations for Non-Regular Retired Pay is based on the number of creditable years of service in a           Non-Regular status in which the individual has earned 50 or more points in a retirement year and is in receipt of a 20-year letter.  Points earned in a           Non-Regular status are not transferable to a Regular retirement.  However, service credit in a Non-Regular status is transferable in the form of an adjustment of service dates when an individual enters into a Regular status.  Retired Pay for a Regular Retirement (Regular Army) is computed based on the basic pay of the individual concerned at the time of retirement multiplied by the number of years of active Federal service performed. 

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.  Inasmuch as Non-Regular Retirement Points are used only for Non-Regular Retirements and are not transferable, the applicant is not entitled to additional service credit beyond the adjustment of his service dates that he received when he converted from a Non-Regular status to a Regular status.

3.  In the conversion of his service dates, the applicant began receiving the benefits of his Reserve service from the day he began serving in the Regular Army and has continued to receive those benefits in the form of a higher basic pay entitlement that was used to compute his Regular Army Retired Pay.  Accordingly, the Board finds that he is not entitled to additional service credit or an increase of Retired Pay based on his service in the USAR.

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

___gp___  ___tap __  __mm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060015	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/02/21	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  338	136.0000/RET SVC CREDIT	
2.		
3.		
4.		
5.		
6.