MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  26 November 2002
	DOCKET NUMBER:  AR2002072878

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Herbert O. Fry		Member	
	Mr. Roger W. Able		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:  That his records be corrected to show that he has over 20 years of qualifying service for retired pay at age 60.

APPLICANT STATES:  That he should be credited with over 22 years of qualifying service.  His summary of retirement points form is missing 1 year of his active duty service.  The points for his 12 years of service, which were not qualifying years of service, should be added together and divided by 50 (points) to give him an additional 4 years of qualifying service.  He submits copies of his military records in support of his application.

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

The applicant was separated from active duty by reason of unqualified resignation in the rank of lieutenant colonel effective 14 July 1979, after 11 years, 1 month, and 7 days active duty.  The applicant was appointed an Army Reserve lieutenant colonel effective 15 July 1979.

It appears from the applicant's Chronological Statement of Retirement Points that he performed Reserve training between 9 May 1980 and 8 May 1985.  He is recorded as having 5 years of qualifying service during this time period.  He was promoted to the rank of colonel effective 23 August 1985.  It appears that he was assigned to the Individual Ready Reserve (IRR) at that time.

Effective 29 January 1997, the applicant was assigned to the Retired Reserve.  There is no evidence of record that he was issued a notification of eligibility for retired pay at age 60 (20-Year Letter).

A review of the applicant's copy of his Chronological Statement of Retirement Points showed that the retirement year 9 May 1977 to 8 May 1978 was missing a full year of active duty.  An administrative correction was accomplished and that year of active duty is reflected now on his current Chronological Statement of Retirement Points.  His total years of qualifying service now show 17 years with the last 5 years of qualifying service in the Reserve Components.  Although he remained in a Ready Reserve status from 9 May 1985 through 27 January 1997, he only performed duties in two of those years, earning a total of 32 points above his 15 points for membership.

On 28 March 2002, the Army Reserve Personnel Command (AR-PERSCOM) notified the applicant that he was not eligible for retired pay at age 60 because he had not completed 20 years of qualifying service for retirement.

Title 10, United States Code, chapter 1223, provides the legal requirements for retired pay for non-regular service.  Section 12731 states that the individual must have attained age 60, performed at least 20 years of service computed under section 12732, and performed the last 8 years of qualifying service while a member of a Reserve Component.  Between 5 October 1994 and 31 December 2001, the requirement to have performed the last 8 years of qualifying service while a member of a Reserve Component was reduced to 6 years.

Section 12732 provides the basis for computation of qualifying service for retired pay.  It provides that a qualifying year is each 1-year period after 1 July 1949, in which the individual has been credited with at least 50 points.  There is no provision for adding together the points for full years with less than 50 earned points to obtain additional qualifying years.

Army Regulation 135-180 provides the policy for the granting of retired pay to members of the Reserve Components.  Paragraph 2-8 specifies that a member must earn a minimum of 50 retirement points in a retirement year to have that year credited as qualifying service.  It also provides that when a member is in an active status for less than a full year (12 calendar months), he or she must earn a prorated share of retirement points for that period of time to be credited as qualifying service.

The only period where the applicant served for less than a full year was from 9 May 1996 to 27 January 1997.  Army Regulation 140-185 show that for 236 days in an active status a member must have earned 33 retirement points for that period to be considered qualifying for retirement.  The applicant's records show that he was credited with only eleven membership points for this period of time.

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 applicant did not earn sufficient retirement points during his over 17 years of Ready Reserve service to obtain 20 years of qualifying service for retirement at age 60.  He also did not obtain the last 6 years of his qualifying service in the Reserve Components.

2.  The applicant's contention that points from unqualifying years of service can be added together for qualifying years of service is without merit or foundation.

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

__sc___  ___hf___  ___ra___  DENY APPLICATION

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

INDEX

CASE ID	AR2002072878	
SUFFIX		
RECON		
DATE BOARDED	20021126	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	136.02	
2.	136.04	
3.	135.02	
4.		
5.		
6.