MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             31 July 2003                  
	DOCKET NUMBER:    AR2003084108 

	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:

	Ms. Karen A. Heinz		Chairperson	
	Mr. Robert L. Duecaster 		Member	
	Ms. Gail J. Wire 		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 he be granted the necessary points required to qualify for a non-regular retirement from the Reserve Component (RC).

APPLICANT STATES:  In effect, that he should be granted the necessary points to receive a “20 Year Letter” and be qualified for retired pay at age 60.  He claims that he attended the infantry officer basic course (IOBC) 1971 through 1972 and was assigned to the 5039th USAR School in Kansas City, Missouri, from 1977 to 1983.  He states that the pay records he provides along with his personnel records will support his claim. 

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

He continuously served in the Army National Guard (ARNG) or United States Army Reserve (USAR) from 10 October 1969 through 11 December 1992, at which time he was honorably discharged.  

The record confirms the applicant attended the IOBC at Fort Benning, Georgia, from 3 October 1971 through 30 June 1972, and that he was credited with 
8 months and 28 days of active military service for his attendance at this course. The record also confirms that he was assigned to the 5039th USAR School, Kansas City, Missouri, as an instructor from 13 March 1978 through 
12 September 1983.  

A Retirement Points Accounting System (RPAS) summary points inquiry, dated 21 February 2003, credits the applicant with a total of 2276 points and a total of 19 years of qualifying service for retirement.  

In connection with the processing of this case, an advisory opinion was obtained from officials of the Army Reserve Personnel Command (ARPERSCOM).  It indicates that the applicant was a member of either the ARNG or USAR continuously from 10 October 1960 until being discharged on 11 December 1992.  However, there are periods of service when the applicant was not actively drilling and earning qualifying service.  

The ARPERSCOM opinion also indicates that the applicant spent the period 
19 November 1968 through 2 October 1971, as well as the period from 
12 September 1983 until his discharge in the USAR Control Group, and no qualifying service was earned during these periods.  Further, based on a review of the applicant’s personnel records and all documents and evidence he provided to the Board, ARPERSCOM officials determined the applicant completed 
19 qualifying years for retirement purposes, and a minimum of 20 qualifying years is required to be eligible for retired pay.  Thus, it was finally opined that the applicant was not eligible for retired pay at age 60.  

The applicant was provided a copy of the ARPERSCOM advisory opinion in order to have the opportunity to review its contents.  On  23 June 2003, he responded by indicating that he had new information about the time period 10 October 1970 to 10 October 1971.  This information is that he attended the IOBC at Fort Benning, Georgia, from 7 April 1971 through 15 June 1971.  

Army Regulation 135-180 implements the statutory authorities governing the granting of retired pay to soldiers and former Reserve Components (RC) soldiers.  Chapter 2 contains the retired pay eligibility criteria.  It states, in pertinent part, that in order to be eligible for retired pay a member must have completed 20 qualifying years of service.  Paragraph 2-9 specifies that service in an inactive Reserve status is not creditable as 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, and advisory opinion(s), it is concluded:

1.  The Board notes the applicant’s contention that he completed the 20 years of qualifying service necessary to be eligible for retired pay at age 60.  However, it finds insufficient evidence to support this claim. 

2.  The evidence of record confirms the applicant completed only 19 years of qualifying service for retired pay.  This was confirmed by a review of the applicant’s personnel records, and the independent evidence he has provided in support of his case, conducted by officials of the ARPERSCOM.  This review included the periods of service during which the applicant attended the IOBC and served with the 5039th USAR School, which he now claims should be added to his creditable service total.  Thus, the Board finds no evidentiary basis to support granting the requested relief.  

3.  The Board also finds no evidence to indicate that the applicant ever attempted to clarify his eligibility for retired pay prior to his discharge from the USAR in 1992.  Further, there is no evidence showing that during the nine year period he was in an inactive Reserve status, from 1983 to 1992, he ever made an attempt to reenter an active Reserve status to complete the year necessary to qualify for retired pay at age 60.  Thus, the Board finds no error or injustice related to his being denied retired pay at this time.  

4.  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.

5.  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

__RLD___  __KH___  __GJW___  DENY APPLICATION

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

INDEX

CASE ID	AR2003084108	
SUFFIX		
RECON		
DATE BOARDED	2003/08/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1992/12/11	
DISCHARGE AUTHORITY	AR 135-175	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  338	136.0000	
2.		
3.		
4.		
5.		
6.