MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           1 August 2002
	DOCKET NUMBER:   AR2002069190

	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	
	Ms. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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 the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	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 opinions, if any).

APPLICANT REQUESTS:  Revision of his retirement points and all records to reflect his continuous service in the United States Army Reserve (USAR) from 23 August 1988 through 24 September 1990.  

APPLICANT STATES: His current statement of retirement points does not show his creditable points or military service beyond 22 August 1988.  In support of his claim he submits a copy for award of the Army Achievement Medal, a copy of his Noncommissioned Officer Evaluation Report (NCOER) from August 1989 to February 1990.  He also submits several copies of his Leave and Earning Statements (LES) covering: 01-31 November 1988, 01-31 August 1989; 01-31 September 1989; 
01-31 November 1989; 01-31 December 1989 and 01-31 January 1990, a copy of his 24 September 1990, USAR discharge orders and a copy of his transfer orders from the USAR Control Group to the 814th MP Company, dated 15 July 1989.  He lists the date of discovery of the alleged error or injustice was 5 February 2002.  He states that he is attempting to reenlist in the USAR and would like to be as close to retirement as possible. 

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

The applicant’s military records show that he was inducted on 15 July 1969.  He was trained as an Infantryman, served in the Republic of Vietnam and was released early to enroll in college.  On 10 June 1971, he transferred to the United States Army Reserve (USAR).

On 23 August 1983, the applicant enlisted in the USAR, in pay grade E-5 and he was awarded the Army Achievement Medical with 1st Oak Leaf Cluster for the period of service from 1 March 1986 through December 1988 for meritorious services.  On 24 September 1990, he was separated from the USAR with an honorable discharge.

On 21 March 2002, the U.S. Army Reserve Personnel Command responded to the applicant's request for review of his records and the documents he provided.  It verified that he was not entitled to any additional retirement points as shown in the summary of creditable retirement points and therefore took no action to correct his record.  Between 23 August 1988 and 24 September 1990, the summary shows that he did not earn the required 50 points for each year.   

SUMMARY OF CREDITABLE RETIREMENT POINTS FOR 
FISCAL YRS 
1969-1995

Begin
Date	End
Date	Creditable
Point	
1969/07/15	1970/07/14	            365	
1970/07/15	1971/06/10	            331	
1971/06/11	1971/07/14	01	
1971/07/15	1972/07/14	15	
1972/07/15	1973/07/14	15	
1973/07/15	1974/07/14	15	
1974/07/15	1975/07/14	              15	
1975/07/15	1983/08/22	   0	
1983/08/23	1984/08/22	69	
1984/08/23	1985/08/22	60	
1985/08/23	1986/08/22	78	
1986/08/23	1987/08/22	72	
1987/08/23	1988/08/22	59	
1988/08/23	1989/08/22	21	
1989/08/23	1990/08/22	61	
1990/08/23	1991/08/22	15	
1991/08/23	1992/08/22	15	
1992/08/23	1993/08/22	15	
1993/08/23	1994/08/22	15	
1994/08/23	1995/08/22	15	
                     TOTAL                               1252	

The summary chart shows that he had several successful years of drilling (earning 
50 points) from the Retirement Years ending (RYE) 74, 75, 83, 84, 85 and the FY86. 

The LES submitted by the applicant shows that he participated in 5 drills (Unit Training Assemblies) in Fiscal Year 1989 (FY89) and 12 drills in FY90 (through January 1990).  FY89 started 1 October 1988 FY90 on 1 October 1989.  The NCOERs indicate highly successful performance but give no indication of the level of his participation in terms of drills or unit annual training attended. 

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.  These reported drills are insufficient, in and of themselves, to change any of the currently "unsuccessful" years into creditable years (a minimum of 50 points).  

2.  The summary shows only 21 points for the RYE 22 August 1989.  None of the FY89 and FY90 points documented by his LESs would have occurred in that RYE.  

3.  The reported total of 15 points for the RYE 22 August 1991 combined with 12 
of the FY90 points documented by his LESs still equals only 27 points for the RYE.

4.  Furthermore the NCOER’s he submitted gives no indication of the level of his participation. 

5.  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

6.  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

___SAC     ___MHM   ___RKS _  DENY APPLICATION

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

INDEX

CASE ID	AR2002069190	
SUFFIX		
RECON		
DATE BOARDED	2002.08.01	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	A113.01	
2.		
3.		
4.		
5.		
6.