MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 October 2001                   
	DOCKET NUMBER:   AR2001060869

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Richard T. Dunbar		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:  That his last year in the U. S. Army Reserve (USAR) be corrected to reflect a “good” year.

APPLICANT STATES:  That his records show he was credited with 10 months and 23 days for his last year.  He told his administration noncommissioned officer that he wanted to retire on his expiration term of service (ETS), which was        20 July 1999, but she put him in for 12 July 1999, which was his last drill date.  She also told him that he would have a good year because he had over 70 points.  He provides no supporting evidence.

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

After having had prior active duty in the U. S. Coast Guard, he enlisted in the USAR on 20 August 1981.  He last reenlisted in the USAR on 22 July 1993 for    6 years.

Orders 211-3, Headquarters, 85th Division dated 30 July 1999 show that the applicant was transferred to the Retired Reserve effective 12 July 1999 at his voluntary request.  The Request for Reserve Component Assignment or Attachment, DA Form 4651-R, is not available.  As of 12 July 1999, the applicant had 21 years, 10 months, and 23 days of qualifying service for a nonregular retirement.

Sections 12731 through 12738 of Title 10, U.S. Code, authorize retired pay for Reserve component military service.  Under this law, a Reserve soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.  The term “good years” is an unofficial term used to mean years in which 50 or more retirement points are earned during each year and which count as qualifying years of service for retirement benefits at age 60.

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 applicant was informed correctly – he did have a “good” year for retirement as retirement year ending date (RYE) 12 July 1999.  The fact that he did not end his service with a full qualifying year is not unusual.  Most members do not end their service exactly on their RYE date and so do not end their service with a full qualifying year.  The applicant would not have done so even if he had been transferred to the Retired Reserve on his ETS of 21 July 1999.  However, he still qualifies for a nonregular retirement with over 20 qualifying years and the 10 months and 23 days will be creditable in the calculation of his retired pay.  

3.  The DA Form 4651-R is not available and the applicant does not provide it so the Board cannot determine what release date was on the form when he signed it.  In the absence of evidence to the contrary, the Board presumes that he was separated on the date he officially requested.

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

__mkp___  __kak___  __rtd___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060869	
SUFFIX		
RECON		
DATE BOARDED	20011002	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	135.01	
2.		
3.		
4.		
5.		
6.