PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  5 November 2002
	DOCKET NUMBER:  AR2002067577

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Eric N. Andersen		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                       Records

	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests reconsideration of his previous application to correct his military records to show that he has completed 20 years of qualifying service for retired pay at age 60.

3.  The applicant states, through a Member of Congress, that his records should show that he completed sufficient service for retired pay.

4.  Incorporated herein by reference are military records which were summarized in the decisional document prepared to reflect the Board's previous consideration of the case (AR2001059443) on 20 December 2001.

5.  The applicant submits copies of his WD AGO Form 53 (Enlisted Record and Report of Separation).  In the development of this case the applicant's military records beginning from his enlistment in the Army Reserve on 15 November 1975 were made available to the Board.

6.  The applicant’s submission and his available records are new evidence that require Board consideration.

7.  A complete review of the applicant's available records by the Army Reserve Personnel Command shows that he was born on 1 May 1929 and is credited with 19 years, 4 months, and 16 days creditable service qualifying for retired pay at age 60.  This computation takes into account his Regular Army active duty periods of 23 May 1946 through 24 October 1947, 31 May 1950 through 5 June 1953, and 27 December 1954 through 6 December 1957.  Additionally, his Reserve Component service and associated retirement points from 15 November 1975 through 14 November 1989 have been verified from the available records.

8.  It is noted in his Chronological Record of Military Service that all of his Reserve Component years are qualifying years, with 11 years recording in excess of 70 points, except for the Retirement Year Ending (RYE) date of 14 November 1987, which reflects 25 retirement points.  The available records show that the applicant was transferred from his Army Reserve unit to the Individual Ready Reserve (IRR) effective 4 July 1987.  The date of his discharge from the IRR is not in the available record however; he reached his 60th birthday on.

9.  The applicant's request for retired pay indicates that he was a member of the Army Reserve following his separation from active duty on 24 October 1947 through his second Regular Army enlistment on 31 May 1950.  Unfortunately, there are no documents in the available record, or provided by the applicant, to substantiate military service for that period of time.

10.  Title 10, United States Code, section 12732, provides for the computation of years of service for entitlement to retired pay.  It provides that a person's years of service before 1 July 1949 in the Armed Forces will be credited unless that service was in an inactive section of the Organized Reserve Corps or of the Army Reserve.

11.  Army Regulation 140-10 prescribes the policy and procedures for transfer to the Retired Reserve.  It provides for transfer to the Retired Reserve for soldiers who have completed a minimum of 20 qualifying years for retired pay at age 60.  It also provides that the individual must request transfer to the Retired Reserve in writing or be discharged upon ETS or upon reaching mandatory removal.

CONCLUSIONS:

1.  Notwithstanding that it appears that the applicant was appropriately discharged from the IRR at his ETS or his date of mandatory removal, it is reasonable to assume that he believed, at that time, that he had completed 20 qualifying years of service for retirement at age 60 or he would have continued to participate with his unit until completing the required length of service.

2.  There is insufficient evidence of record to show that the applicant was a member of the Army Reserve in an active status to receive credit for qualifying service from 25 October 1947 through 30 June 1949.

3.  The applicant has sufficient excess retirement points that can be redistributed to his unqualifying retirement year ending on 14 November 1987.  This redistribution would not involve awarding additional retirement points, entitlement to additional drill pay, or adding an additional period of service.

4.  It would now be in the interest of justice, based on the applicant's long and faithful service, to redistribute the necessary excess retirement points from his prior retirement years to his retirement year ending on 14 November 1987, to show that retirement year as qualifying for retired pay.

5  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error and rectify an injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected by:

	a.  showing that he was discharged from the IRR effective 31 May 1989, by reason of mandatory removal;

b.  revoking his discharge that was effective 31 May 1989;

	c.  redistributing the necessary excess retirement points from his prior retirement years to his retirement year ending on 14 November 1987, and showing that retirement year as qualifying for retired pay;

	d.  transferring him to the Retired Reserve effective 31 May 1989 with entitlement to elect options under the Survivor Benefit Plan; and

	e.  paying him retired pay effective the date of approval of these Proceedings.

BOARD VOTE:  

__mm___  ___jm___  ___ea__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Melvin H. Meyer____
		        CHAIRPERSON

INDEX

CASE ID	AR2002067577	
SUFFIX		
RECON		
DATE BOARDED	20021105	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	136.02	
2.	136.04	
3.		
4.		
5.		
6.