PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  27 August 2002
	DOCKET NUMBER:  AR2002069736

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Arthur A. Omartian		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, in effect, that he receive credit for good years for retired pay at age 60, and that he be considered for promotion to lieutenant colonel (LTC).

3.  The applicant states, in effect, that he was discharged in 1988 for two-time nonselection for promotion to major (MAJ) in the U. S. Army Reserve (USAR).  
A 1989 USAR Standby Advisory Board reviewed his record and selected him for promotion to MAJ.  A 1989 Army Board for Correction of Military Records (ABCMR) Proceedings directed that his discharge be voided, that he be promoted to MAJ, that he be credited with qualifying service for Reserve retirement, and that an explanation be placed in his records to show that the resulting gap in Officer Evaluation Reports (OERs) was due to no fault of the officer.  These corrective actions were not taken in a timely manner which jeopardized his retirement and promotion opportunities.

4.  The applicant’s military records show that he served as an enlisted member of the Regular Army from 15 November 1966 though 18 January 1968.  He was honorably discharged as a SGT(P) (sergeant promotable), pay grade E-5.  On 
19 January 1968, he was commissioned as a USAR second lieutenant in the Ordnance Corps from the U. S. Army Ordnance Center and School, Officer Candidate School (OCS), and ordered to active duty on 19 January 1968.  On 
21 October 1969, he became a qualified rotary wing Army Aviator.  On 
23 January 1970, he was transferred to the Armor Branch.  On 10 September 1973, he was honorably released from active duty at Fort Leonard Wood, Missouri, by reason of reduction in strength, as an Armor Branch captain (CPT), Army of the United States (AUS), and transferred to the USAR Control Group (Standby).  On 10 September 1973, Fort Leonard Wood published a promotion letter promoting the applicant to CPT, USAR, Armor Branch, effective 
11 September 1973.

5.  The records indicate that the applicant was in the Individual Ready Reserve (IRR).  On 5 October 1981, the U. S. Army Reserve Components Personnel and Administration Center (RCPAC) published orders showing the applicant in the USAR Control Group (Reinforcement) authorizing him one day of inactive duty for training (IDT) to take a class II flight physical to return to flying status.  On 
4 March 1985, the U. S. Army Reserve Personnel Center (ARPERCEN) approved the applicant's transfer to the Aviation Branch.  On 17 May 1985, the applicant signed a Servicemen's Group Life Insurance Election form as a CPT in the IRR requesting no insurance.  From 19 January 1974 to 31 December 1981 while in the IRR, there is no record of retirement points or participation in Reserve training in the applicant's file or on his retirement point statement.  The applicant's retirement point statement shows an original retirement year ending date (RYE) of 18 January, which is consistent with his commissioning date.  In 1982, the RYE was changed to 30 June when retirement point accounting was resumed.
6.  A DA Form 1059 (Service School Academic Evaluation Report), dated 
14 June 1985, shows that the applicant attended the Aviation Officer Advanced Course (AVOAC), Phase IV, from 2-14 June 1985, at Fort Rucker, Alabama.  
A DA Form 1380 (Record of Individual Performance of Reserve Duty Training) from the 6220th USAR School in Bell, California, shows that the applicant attended 24 IDT drills and was credited with 24 retirement points between 
4 October 1984 and 28 March 1985, while attending the school taking Phase IIIB and V of the Branch Officer Advanced Course.  On 31 May 1986, he completed "Old Phase IIIB & V and New Phase I of the Officer Advanced Course" at the 6220th USAR School.

7.  Another DA Form 1380 from the 6220th USAR School shows that the applicant attended 31 IDT drills and was credited with 31 retirement points between 3 October 1985 and 22 May 1986, while taking the Phase I and IIIA of the Branch Officer Advanced Course.  A DA Form 1059, dated 1 July 1986, shows that he attended the "AVNOAC (Phase) II" at Fort Rucker, Alabama, from 7-18 July 1986.  An attached certification of attendance states that the applicant attended Annual Training (AT) from 6-18 July 1986.

8.  Another DA Form 1380 from the 6220th USAR School shows that the applicant attended 24 IDT drills and was credited with 24 retirement points between 2 October 1986 and 16 April 1987, while taking the Command and General Staff College (CGSC) Phase I.  A 2 June 1987 order from ARPERCEN ordered the applicant to 13 days of active duty for training (ADT), plus allowable travel time, to report not later than 19 July 1987 to attend CGSC Phase II at the University of Nevada, Reno, Nevada.  A letter from the 6220th USAR School, dated 5 December 1987, stated that that applicant was progressing satisfactorily and was eligible to attend Phase IV, CGSC.  Subsequent orders to attend 
13 days of ADT beginning 3 July 1988, were revoked by the ARPERCEN on 
8 July 1988.

9.  The applicant's retirement point statement shows retirements points for the three periods of ADT between 1985 and 1987: 2-14 June 1985, 6-18 July 1986, and approximately 19 July – 1 August 1987.  The retirement point statement only shows IDT retirement points of 31 points for 3 October 1985 - 22 May 1986, and 24 points for 2 October 1986 and 16 April 1987.  The 24 IDT retirement points for the period 4 October 1984 – 28 March 1985, are not shown.  There is no record of the IDT points for CGSC phase III during the USAR school year 1987-1988.

10.  On 18 October 1988, ARPERCEN issued orders honorably discharging the applicant from the USAR, effective 5 October 1988, due to two-time nonselection for promotion to MAJ.  On 21 March 1989, a "Reserve Components Promotion 

Advisory Board" reconsidered the applicant's file and selected him for promotion to MAJ under 1988 criteria with a PPED (Primary Promotion Eligibility Date) of 
23 August 1988.  In light of this selection and a 26 April 1989 recommendation from the ABCMR (AC89-06474), the Deputy Assistant Secretary of the Army directed on 1 May 1989, that the applicant's discharge be voided, that he be promoted to MAJ, that he be credited with qualifying service for Reserve retirement from 5 October 1988 to the date that he is returned to the active Reserve, and that an explanation be placed on the his file to show that the gap in OERs was not caused by any fault of his.

11.  The discharge orders were voided by ARPERCEN on 18 September 1994, returning the applicant to the IRR.  On 27 January 2000, the U. S. Total Army Personnel Command (PERSCOM) issued a memorandum promoting him to MAJ, effective 23 August 1988, with a DOR of 23 August 1988.  On 7 June 2002, AR-PERSCOM credited the applicant with 50 retirement points per retirement year for 11 years, from 1 July 1988 through 30 June 1999.  Since there was no record of retirement points or training activity from 19 January 1974 to 
31 December 1981, the period was incorrectly coded as a break in service.  On 12 June 2002, AR-PERSCOM issued the applicant a memorandum, Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter).  On 18 June 2002, the AR-PERSCOM issued a statement declaring the period 5 October 1988 through 17 September 1994 a nonrated period.

12.  Based on the issue of the applicant's promotion memorandum on 27 January 2000, PERSCOM placed his file before Special Selection Boards (SSB) for consideration for promotion to LTC.  Based on his DOR for MAJ, 23 August 1988, he was eligible for promotion consideration in order to be promoted, if selected, at 7 years time in grade.  He was considered for promotion with a waiver for military education so that he was not required to show completion of 50 percent of CGSC.  He was considered for promotion to LTC: by the 2000 SSB under 1994 and 1995 criteria but not selected; by the 2001 SSB under 1996, 1997, and 1998 criteria but not selected; and by the 2002 SSB under 1999 criteria but not selected.  On 28 November 2000, the ABCMR reviewed the applicant's nonselection by the 2000 SSB and found no error or injustice in his nonselection (AR2000048766).

13.  Based on the applicant's commissioning date, 19 January 1968, and his age at commissioning, age 22, and Army Regulation 140-10, which establishes the date for mandatory removal, the applicant's Mandatory Removal Date (MRD) was 18 February 1996.  Since this date had been exceeded, AR-PERSCOM issued orders honorably discharging the applicant from the USAR on 8 March 2002.  The orders erroneously show him as a Medical Corps Officers, specialty 61A, instead of an Aviation Officer.

14.  Army Regulation 140-10 (Army Reserve Assignment, Attachments, Details, and Transfers), paragraph 7-2, states that the MRD for a CPT, MAJ, or LTC is 
30 days after completing 28 years of commissioned service, less one day, if under age 25 when commissioned.  Paragraph 7-11 states that soldiers erroneously retained beyond their MRD should be removed from active status when the error is discovered effective on the removal action date and not effective retroactively.  Retirement points earned after the date removal was required will not be credited.  Paragraph 6-1 states that soldiers are eligible for transfer to the Retired Reserve if they have completed 20 years service and are entitled to receive retired pay at age 60.

CONCLUSIONS:

1.  The applicant has been credited with 20 years qualifying service for retired pay at age 60 and he was issued a twenty year letter on 12 June 2002.  He has been considered for promotion to LTC by SSBs under criteria for each year from 1994 through 1999, with a military education waiver, but has not been selected.

2.  In light of the applicant having been credited with 20 years qualifying service for retired pay at age 60 effective in 1999, and having received his twenty year letter, he should have been transferred to the Retired Reserve instead of being discharged on 8 March 2002.  He should be allowed to retain retirement points granted after his original MRD of 18 February 1996, as an exception.

3.  The applicant's retirement point account should be corrected to show no break in service, to show continuous service in the IRR from 11 September 1973 to 8 March 2002, to add 24 IDT retirement points for the period 4 October 1984 – 28 March 1985, and show his RYE date as 18 January from 18 January 1968 through 8 March 2002.  In redistributing the retirement points, the applicant should retain credit for at least 50 points per year for the 11 RYE years 1989 through 1999.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected for the individual concerned, as an exception to regulation and policy, by:

	a.  voiding his 8 March 2002, AR-PERSCOM orders D-03-211143, discharging him from the USAR and transferring him to the Retired Reserve as an Aviation MAJ, effective 8 March 2002; 

b.  retaining retirement points granted beyond his MRD of 18 January 1996; 

c.  retaining his 20 year letter and eligibility for retired pay at age 60; and

d.  showing on his retirement point account: no break in service (continuous service in the IRR from 11 September 1973 to 8 March 2002), 
24 IDT retirement points added for the period 4 October 1984 – 28 March 1985, his RYE date as 18 January from 18 January 1968 through 8 March 2002, redistributing his retirement points under the corrected RYE date, and at least 50 points per year for the 11 RYE years 1989 through 1999.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__iw___  __tl____  __ao____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Irene N. Wheelwright__
		        CHAIRPERSON

INDEX

CASE ID	AR2002069736	
SUFFIX		
RECON		
DATE BOARDED	20020827	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PART	
REVIEW AUTHORITY		
ISSUES         1.	135.02 – Retirement Points	
2.	131 – Promotion	
3.		
4.		
5.		
6.