MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           31 January 2002
	DOCKET NUMBER:   AR2001060918

	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:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge, Jr.  		Member	
	Ms. Regan K. Smith		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 discharge be voided and that he be reinstated in the Individual Ready Reserve (IRR).

APPLICANT STATES:  That he was never notified that he was discharged in 1996.  He has been attending Reserve training drills since September 1996 and now finds out that he is receiving no credit for attendance.  The applicant provides a copy of a DA Form 4651-R (Request for Reserve Component Assignment or Attachment) whereon he requested attachment to the 
5052nd Logistical Command B Reserve Training Unit (RTU) in Belton, Missouri, a unit that drills for retirement points only.  The application was signed by the applicant on 14 December 1995, but not all his personnel data was provide such as his correct grade, date of rank, and specialty skill identifier.  The unit commander signed the form, but did not date the form or fill in any unit position assignment information.  The applicant also provides a copy of his retirement point history from 1971 through 1996, and copies of correspondence during 2000 with the U. S. Army Reserve Personnel Command (AR-PERSCOM), 
89th Regional Support Team, concerning his Reserve status and retirement points.

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

That he was an enlisted member of the U. S. Army Reserve (USAR) and the Army National Guard from 15 June 1971 through 7 June 1975.  On 8 June 1975, he was commissioned as a 2nd lieutenant in the Nebraska Army National Guard (NEARNG).  He served in the NEARNG until he was honorably separated as a captain on 8 July 1988, and transferred to the USAR Control Group (Reinforcement).  During this 17 year period of service, he qualified in 16 years for retirement pay at age 60.  On 10 July 1988, he was promoted to the rank of major in the USAR by the U. S. Total Army Personnel Command (PERSCOM). 
His retirement point history shows that he earned only 15-23 retirement points per year from 15 June 1988 through 30 September 1996, which did not qualify these years for retired pay at age 60.  In 2001, AR-PERSCOM corrected his retirement point record, adding 21 and 25 retirement points to retirement years 1989 and 1990 respectively, for credit for Combined Arms Service Staff School (CAS3) subcourses completed in 1989.  He did not complete the CAS3 course.

The applicant was considered for promotion to lieutenant colonel by the Reserve promotion boards in 1994 and 1995 but not selected due to not being educationally qualified, not completing at least 50 percent of the required Command and General Staff College course.  (Records show that the highest military education completed was the Infantry Officer Advance Course on 
6 December 1987.)  He was notified on 15 December 1995, by a letter from 

PERSCOM, that he was twice non-select for promotion and that according to Army Regulation 135-155, he was subject to discharge.  This letter was sent to his home address provided by the applicant on his DA Form 4651-R, was his address on 14 December 1995, and according to his application for correction of records in this case, is his current address.  On 30 September 1996, PERSCOM published orders D-09-683819, honorably discharging the applicant, effective 
30 September 1996, as a result of twice non-selection for promotion.  The orders were also sent to his home address.

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.  That the applicant was properly discharged and notified of his discharge.

2.  He has not provided to this Board any evidence that he performed any drills during the period in question not already recorded on his retirement point account.

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

_rks____  _rvo____  _eja___        DENY APPLICATION

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

INDEX

CASE ID	AR2001060918	
SUFFIX		
RECON		
DATE BOARDED	20020131	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19960930	
DISCHARGE AUTHORITY	AR 635-100	
DISCHARGE REASON	Twice nonselect for promotion – USAR	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.03 - Reinstatement	
2.		
3.		
4.		
5.		
6.