MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      .

	BOARD DATE:           23 May 2002
	DOCKET NUMBER:   AR2001065212

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Karen Y. Fletcher		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 he should be credited with three qualifying years for retirement based on his active duty service from 
7 September 1966 through 14 August 1967.   

APPLICANT STATES:  In effect, that his Retirement Points Accounting System (RPAS), Summary Points Inquiry/Update, dated 24 September 2001, does not credit him with a full qualifying year for retirement because he was discharged 
early in order to accept a commission on 15 August 1967.  He was provided a copy of the most recent RPAS summary in October 2001, all previous versions had failed to include any of his active duty service.  He claims that he realized an injustice had been done him when he received no credit for 23 days of active duty service he performed in Germany in 1987.  He indicates that if these 
23 days were added to the 342 days of active duty service he performed between 7 September 1966 and 14 August 1967, it would total 365 days and would result in his receiving credit for a full year of active duty service and 
20 qualifying years for retirement.  In addition, he requests that his RPAS record be corrected to show he earned 78 points for the retirement year August 1980 through August 1981.  In support of his application, he submits a copy of his RPAS summary points update, his active duty separation document (DD Form 214), a Statement of Service-Computation of Length of Service For Pay Purposes (DA Form 1506), a Army Reserve Personnel Command (ARPERSCOM) letter pertaining to the RPAS, reassignment orders, a Statement of Retirement Points (AGUZ 115), and a Certificate of Completion for the Civil Affairs Officers Advanced Course.

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

He served on active duty in an enlisted status from 7 September 1966 through 14 August 1967, at which time he was honorably separated for the purpose of accepting a commission.  The DD Form 214 issued to and authenticated by the applicant with his signature on the date of his separation, 14 August 1967, confirms that he completed a total of 11 months and 1 day or 331 days of active military service.  An RPAS update form on file credits the applicant with 342 days of active duty service from 7 September 1966 through 14 August 1967.

On 15 August 1967, the applicant was commissioned a second lieutenant in the United States Army Reserve (USAR).  He continued to serve in the USAR through intermittent periods of annual training and active duty until 26 February 1992, at which time he was transferred to the Army Reserve Control Group (Retired Reserve), in the rank and pay grade of lieutenant colonel/05 (LTC/05).

Army Regulation 140-1, Army Reserve Mission, Organization, and Training, prescribes the types of assignment and training for which a Reservist may be awarded retirement points.  These include proper unit assignment or attachment, proper pay category, participation in training assemblies which are properly scheduled by the unit, and participation in types of training assemblies that are authorized by Army regulations.

Army Regulation, 140-185, Training and Retirement Point Credits and Unit Level Strength Accounting Records, provides guidance for awarding the retirement points and establishing Retirement Year Ending (RYE) dates.  Paragraph 1-4 provides that when a service member initially enters active duty in the Regular Army and is then transferred to a Reserve Component (RC), his or her RYE is established as the date of transfer.  Chapter 2 contains the criteria for crediting and awarding of retirements points for a soldier during a retirement year and does not provide for the redistribution of retirement points from one RYE to another.

Title 10, United States Code, chapter 67, sections 1331, through 1337 authorizes retired pay benefits to members and former members of the Reserve components who have completed a minimum of 20 qualifying service and attained the age of 60.  While a qualifying year is determined to be a year in which a minimum of 50 retirement points have been credited for a reservist, it is a full year (365 or 366 days, as applicable) for a member of the Regular Army.

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 Board notes the applicant’s contention that his active service from 
7 September 1966 through 14 August 1967 and 23 days of active duty for training he performed in Germany in 1987 should be added to his RPAS record as 3 years of good qualifying service for retired pay, but it finds this claim lacks merit.  

2.  The evidence of record confirms that the applicant was honorably separated from active duty, in the pay grade of E-5, on 14 August 1967, for the purpose of accepting a commission as a second lieutenant in the USAR on 15 August 1967 and was credited with 342 days of active duty service for this period of active duty service.  It also confirmed that his RYE was properly established as the date he transferred to the USAR subsequent to completion of his active duty service.  

3.  By regulation, when a service member initially enters active duty in the Regular Army and is then transferred to a Reserve Component, his or her RYE is established as the date of transfer.  In addition, the regulation provides no provisions for redistributing retirement points earned from one RYE to another.
4.   Given there are no provisions for combining the 23 days of service the applicant performed in 1987 with the 342 days he was credited with for his active duty service, the Board concludes there is no error or injustice associated with the points or qualifying service granted the applicant.  Therefore, it finds no basis for granting the requested relief in this case. 

5.  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

___MDM_  ___LE___  __KYF__  DENY APPLICATION

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

INDEX

CASE ID	AR2001065212	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/23	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	135.0200	
2.		
3.		
4.		
5.		
6.