MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 October 2002
	DOCKET NUMBER:   AR2002071281

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen A. Heinz		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 his enlistment contract be extended in order to allow him to complete the 20 years necessary to qualify for a non-regular retirement from the United States Army Reserve (USAR).  

APPLICANT STATES:  In effect, that he was not given the proper guidance on extensions, and as a result was separated and lost over 18 years of service.  He claims that he understands that he was ineligible to reenlist, but was never afforded the opportunity to extend in accordance with the governing regulation (Army Regulation 140-111, Chapter 3, Table 3-1, Rule K).  In support of his application, he provides copies of active duty separation documents (DD Forms 214) and copies of Army National Guard (ARNG) annual statements and a detail point inquiry.  

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

He served on active duty in the United States Air Force (USAF) for 4 years, from 9 September 1980 through 8 September 1984.  On 9 September 1984, he joined the ARNG and served in that status until 22 April 1996, at which time he had completed a total of 12 years, 10 months, and 7 days of creditable service for retired pay.  

On 19 June 1997, he joined the USAR.  It is unclear when the applicant was separated from this USAR status.  Separation or discharge orders are not on file in the available records and the applicant has failed to provide these documents. Further, the record is void of any information in regard to any attempts on the part of the applicant to reenlist or extend his last enlisted, and the applicant has failed to provide specifics or documentation in regard to this matter.  

A retirement information sheet prepared by USAR personnel officials in June 2002 shows that the applicant had earned a total of 2463 points between 16 July 1980 and 9 December 2001, and had accrued a total of 17 years of creditable service for Reserve retirement as of that date.  

Army Regulation 140-111 provides the policies, responsibilities, and procedures for the USAR Reenlistment Program, and specifically provides the criteria for reenlistment or extensions in the USAR.  Chapter 3 contains guidance on reenlistment or extension to meet length of service requirements.  Table 3-1 provides provisions to allow soldiers who have completed more than 18 years of creditable service for retired pay to be extended in order to complete 20 years of qualifying service for retired pay.

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 he was unjustly denied the right to extend his enlistment in order to complete the necessary 20 years of qualifying service for a Reserve retirement.  However, the provisions of the regulatory policy cited by the applicant only provides for extending the enlistment of members who have completed 18 or more years of creditable service for retired pay, and who are ineligible for reenlistment.  It provides no provisions for the extension of members who completed less than 18 years of creditable service.

2.  The evidence of record confirms that the applicant did not meet the regulatory criteria for extension under the regulatory provisions he cited because he had only completed 17 years of creditable service for retirement purposes.  In addition, he has failed to provide any evidence to show that there was any error or injustice related to his reenlistment or extension denial.  Thus, the Board concludes that there is an insufficient evidentiary basis to grant relief. 

3.  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.

4.  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

__RVO__  __BJE__  __KAH__  DENY APPLICATION

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

INDEX

CASE ID	AR2002071281	
SUFFIX		
RECON		
DATE BOARDED	2002/10/24	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A 	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  244	115.0300	
2.  338	136.0000	
3.		
4.		
5.		
6.