MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           20 December 2001                  
	DOCKET NUMBER:   AR2001061861

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Mr. Lester Echols		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 records be corrected to show that he was awarded four additional membership points in the Army Reserve (USAR) or that the Board declare his final year in the USAR as a good year or that he be recalled to active duty.

APPLICANT STATES: That he and his branch believed that completion of        35 points of Reserve Officer Training Corps (ROTC) duty would qualify him for retirement.  His attempts to get his retirement points updated was not achieved until 5 September 1998, when he learned he needed 4 points and 88 days for retirement.

COUNSEL CONTENDS: That, based on the contentions of the petitioners, as well as an overview of the available records, that the Board comply with the former service member’s request as expressed on DD Form 149, of record and resolve any and all reasonable doubt in favor of the applicant, in the interest of justice.

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

During the period 26 May 1955 through 14 January 1962 (6 years, 6 months and 20 days), he served on inactive duty Reserve service in both enlisted and officer status.  Records show he served on active duty for a period of 30 days during this period.

During the period 15 January 1962 through 10 February 1974 (12 years and     26 days), he served on active duty as a member of the Army National Guard of the United States (ARNGUS).

On 11 February 1974, he was transferred to the USAR Control Group (Reinforcement).  He served for unit points only until his last year when he performed ROTC duty for additional points, less than 50 points, which did not give him a qualifying year for retirement.  He was advised that his records show he had completed 19 years of creditable service for retirement as of 25 May 1975 and that he was not qualified for retirement pay at age 60.

On 21 September 1976, the Office of The Adjutant General advised the applicant that to be eligible for retired pay a reservist or former reservist must complete a minimum of 20 creditable years of service, the last 8 years of which must be in a Reserve Component.  Service in an inactive reserve section, such as the Retired Reserve, is not creditable for retirement purposes.  Since July 1, 1949, a Reserve soldier must have earned at least 50 retirement points per year for that service to be creditable for retirement.

On 19 February 1985, DARP-AIR-R Orders # C-02-911318, Army Reserve Personnel Center, reassigned the applicant to the USAR Control Group (Retired), effective 24 February 1985, based on his non-selection for promotion.

On 2 September 1998, in response to the applicant’s application for retired pay benefits, the Chief, Transition and Separations Branch, Army Reserve Personnel Command advised the applicant that “To be eligible for retired pay at age 60, under Title 10, United States code, Sections 12731-12637, a Reserve soldier or former Reserve soldier must have completed a minimum of 20 qualifying years of service, the last 8 years of which must have been in a Reserve component.”  He was further advised that he “completed 19 years, 9 months and 2 days of qualifying service for retirement.”

Army Regulation 135-180 (Army National Guard and Army Reserve - Qualifying Service for Retired Pay Nonregular Service) indicates, in pertinent part, “to be eligible for retired pay, an individual need not have a military status at the time of application, but must have - (1) Attained age 60.  (2) Completed a minimum of  20 years of qualifying service.  (3) Served the last 8 years of his or her qualifying service as a Reserve component soldier.”

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.  The evidence of record clearly shows the applicant was advised on              21 September 1976 that he did not qualify for retirement at age 60.  Therefore, he is not entitled to have his records corrected to show that he was awarded four additional membership points in the USAR or that the Board declare his final year in the USAR as a good year or that he be recalled to active duty.

2.  The applicant did not complete the 20 qualifying years of Reserve service and did not serve his last 8 years as a Reserve Component soldier, and he is not eligible for retired pay.

3.  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.

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

_jns____  _le_____  _tbr____      DENY APPLICATION

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

INDEX

CASE ID	AR2001061861	
SUFFIX		
RECON		
DATE BOARDED	20011220	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	135	
2.		
3.		
4.		
5.		
6.