MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 June 2002
	DOCKET NUMBER:   AR2002066598

	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:

	Ms. Celia L. Adolphi		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Donald P. Hupman, 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:  In effect, that he be credited with an additional 
17 days of active duty service credit for the purpose of Retirement Year Ending (RYE) points and qualifying service for retirement.  

APPLICANT STATES:  In effect, that he was released for active duty (REFRAD) 17 days early in order to attend graduate school and did not receive credit for a full year of active duty service.  He states that he accumulated 17 points for the period ending on his RYE date of 8 August 2001, and that by combining these points with the points he earned for the period 18 September 1969 to 31 August 1970, he would receive credit for the full year he needs for a twenty year retirement.  In support of his application, he submits a copy of a Chronological Statement of Retirement Points (ARPC Form 249-2-3), his active duty separation document (DD Form 214), and a copy of his Honorable Discharge Certificate.

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

He continuously served on active duty in an enlisted status from 18 September 1968 through 31 August 1970, at which time he was honorably separated, in the pay grade of E-5, by reason of early release to attend school.  The DD Form 214 issued to and authenticated by the applicant with his signature on his separation date, 31 August 1970, confirms that he completed a total of 1 year, 11 months, and 14 days of active military service.  

On 1 September 1970, the applicant entered in the United States Army Reserve (USAR) and served in various assignments during different periods until 8 August 1999.  A Chronological Statement of Retirement Points (ARPC Form 249-2-3), dated 19 November 1999, issued by the Army Reserve Personnel Command (ARPERSCOM), St. Louis, Missouri, shows that the applicant was credited with 1993 points and with completion of 17 years, 11 months, and 14 days of qualifying service for retirement.  

The ARPC Form 249-2-3 also shows that the applicant was credited with 
365 points and 1 year of qualifying service for retirement for his active duty service from 18 September 1968 through 17 September 1969.  It also confirms that he was credited with 348 points and 11 months and 14 days of qualifying service for retirement for his active duty service from 18 September 1969 through 31 August 1970.  

In the processing of this case, an advisory opinion was requested of and received from the ARPERSCOM.  It states that in order to qualify for retirement at age 60, under the provisions of Army Regulation 140-185, a member of the USAR must accumulate 20 qualifying years of service for retirement.  A qualifying year is defined as any year in which a member accumulates at least 
50 points. Also, if a soldier is separated or removed from active duty, he or she will be credited with a proportionate number of points for the year.  Finally, ARPERSCOM officials opined that the retirement points can not be transferred into another retirement year and 50 points must be earned within a particular year to be considered a qualifying year.

On 7 March 2002, the ARPERSCOM advisory opinion was forwarded to the applicant in order to provide him an opportunity to comment on or rebut its contents.  To date, he has failed to respond. 

The applicant’s Retirement Point Accounting Summary, printed in 29 May 2002, shows that of RYE ending 8 August 1981, he has been credited with 19 years, 
11 months, and 14 days.  In the period 9 August 2001 through 19 May 2002 he has earned 55 retirement points.  It is anticipated that by 8 August 2002, he will be eligible for his 20 Year Certification for Retired Pay at age 60.

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 RYE dates.  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.  Paragraph 2-1 provides that if a service member is separated or removed from an active status during a retirement year, the member is credited with a proportion maximum number of points for that year. 

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 years of 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 the retirement points he earned for in 2001 should be substituted for the 17 days he was released from active duty early in order for that year to be a qualifying year for retirement.  However, it finds an insufficient evidentiary basis to support this requested relief. 

2.  By regulation, if a service member is separated or removed from an active status during a retirement year, the member is credited with a proportion maximum number of points for that year and that retirement points may not be transferred from one retirement year to another. 

3.  The record confirms that the applicant was properly credited with the points and active duty service he actually completed.  Therefore, the Board concludes that the requested relief is not warranted in this case. 

4.  The evidence of record shows that it appears that as of 8 August 2002 the applicant will complete 20 years of qualifying service for retired pay at age 60.

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

__CLA__  __BJE__  __DPH___  DENY APPLICATION

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

INDEX

CASE ID	AR2002066598	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/13	
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.