MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  11 December 2001
	DOCKET NUMBER:  AR2001060434

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Thomas E. O’Shaughnessy		Member	
	Mr. Ronald E. Blakely		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, he requests retirement from the Army.

APPLICANT STATES:  That he has completed 18 years of active Army service and 2 years active Reserve.  He is trying to establish eligibility for retirement from the Army.

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

He enlisted in the Regular Army on 5 December 1967.  He served for various periods in the Regular Army, the Army National Guard (ARNG), and the U. S. Army Reserve (USAR), with one break in service, between his first enlistment and his last expiration of term of service (ETS) discharge from the USAR on 
17 November 1991 as shown in the table below.

Period of Service	Type of Service	Years Creditable for Retirement	
05 Dec 67 – 04 Dec 70	Regular Army	  3 years	
05 Dec 70 – 01 Dec 73	USAR Standby	no retirement credit period	
02 Dec 73 – 25 Feb 79	Break in Service	no retirement credit period	
26 Feb 79 – 30 Oct 85	ARNG	  6 years, 8 months, 5 days	
31 Oct 85 – 06 Dec 85
07 Dec 85 – 05 Sep 88	USAR TPU
USAR IRR	  1 year, 3 months, 25 days
  (insufficient retirement points    earned while in the IRR
   26 Feb 86 – 5 Sep 88
   for years to be creditable 
   for retirement)	
06 Sep 88 – 17 Nov 91	USAR TPU	  3 years	
		14 years TOTAL	

Legend: 
USAR TPU = USAR Troop Program Unit
USAR IRR = USAR Individual Ready Reserve

The applicant’s records contain a DA Form 4644-R, (Army Reserve Reenlistment Data) that shows that he was counseled about reenlisting in the USAR prior to the end of his last enlistment.  The form “comment” box shows the acronym “ETS,” indicating that the applicant did not reenlist but was discharged at the end of his enlistment contract period.  He was discharged as a sergeant (SGT), pay grade E-5.

The U. S. Army Reserve Personnel Command (AR-PERSCOM) provided an ARPC Form 2496-E (Statement of Service), prepared on 21 August 2001, based on the applicant’s records, showing all of his periods of service.  AR-PERSCOM also verified his retirement point account against his records and the statement of service.  A retirement points summary was provided that shows that he has only 14 years creditable for retirement at age 60.  AR-PERSCOM provided an advisory opinion that the applicant was not eligible for retirement or retirement benefits at age 60.  The applicant was provided a copy of these reports and the advisory opinion for comment or rebuttal.  These documents were returned undeliverable from the address the applicant provided on his application.

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

1.  The applicant has only 14 years creditable for retirement at age 60.  He is not eligible for retirement or retirement benefits.

2.  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

__kk____  __to____  __rb___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060434	
SUFFIX		
RECON		
DATE BOARDED	21101211	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	115.03 – Qualifying Service	
2.		
3.		
4.		
5.		
6.