MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 December 2001                   
	DOCKET NUMBER:   AR2001062166

	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. Karol A. Kennedy		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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 separation be changed to a medical retirement.

APPLICANT STATES:  That an Active Army doctor told him he has a high level of blood sugar.  He requested a medical evaluation board (MEB) but the Alaska Reserve denied it.  He feels the Army does not care.  He provides no supporting evidence.

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

He initially served in the Regular Army from 29 December 1976 – 1 April 1992 when he was discharged under the Special Separation Benefit Program after completing 15 years, 3 months, and 3 days of creditable active service.  He immediately enlisted in the U. S. Army Reserve (USAR).  He was assigned to a Troop Program Unit in Hawaii on 28 July 1994.  He was reassigned to a Troop Program Unit in Alaska on 17 July 1995.  

On 13 April 1996, during the applicant’s periodic physical, he was diagnosed as having diabetes and on oral medication.  He was found to be not qualified for duty and referred to an MEB.  

By memorandum dated 8 May 1996, the applicant was notified that action was being initiated to separate him based on his being found unfit for retention.  He was informed he had 30 days to submit a “request for continuance” in an active status.  On 29 May 1996, his company commander recommended he be retained in the USAR as he was a valuable asset to the unit.  His unit attempted to telephonically contact him on 4 June 1996 (a message was left on his answering machine), on 6 June 1996 (there was no answer), and on 11 June 1996 (the telephone was disconnected).  On 13 June 1996, his unit requested discharge orders be published on him.  Orders 267-37, Headquarters, 9th Army Reserve Command, Fort DeRussy, Honolulu, HI dated 23 September 1996 discharged him from the USAR effective 23 September 1996.

The Retirement Points Accounting System shows the applicant never completed a qualifying year (a minimum of 50 points a year) during his 4 years in the USAR.

Title 10, U. S. Code, section 12731 provides that a non-regular service member is entitled, upon application, to retired pay if the person is at least 60 years of age; has performed at least 20 years of qualifying service; and, having completed the service requirement during the period beginning on 1 October 1994 and ending on 30 September 1999 (later extended to 30 September 2001), shall have performed the last six years of qualifying service while a member of a reserve component.  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.
Public Law 103-337, dated 5 October 1994, established early reserve retirement eligibility for soldiers involuntarily separated from the Selected Reserve due to physical disability during the period 5 October 1994 through 30 September 1999 (later extended through 30 September 2001).  Eligibility is based on a minimum of 15 years of qualifying service toward Reserve Component retirement.  

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.  While there is no evidence to show the applicant appeared before an MEB, there is also no evidence of record to show he was denied the opportunity to appear before one.  The evidence of record shows that he was offered the opportunity to request continuance in an active status, in which his immediate commander concurred, but the applicant failed to respond to a memorandum of notification and to three telephone calls.  

3.  In addition, the applicant did not meet the service requirements established for early reserve retirement eligibility for soldiers involuntarily separated from the Selected Reserve due to physical disability.  He had zero years of qualifying service for a non-regular retirement.

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

__kak___  __reb___  __teo___  DENY APPLICATION

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

INDEX

CASE ID	AR2001062166	
SUFFIX		
RECON		
DATE BOARDED	20011211	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.