MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 November 2003                  
	DOCKET NUMBER:   AR2003085105

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Barbara J. Ellis		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 by granting him three additional days of service for his last year on active duty.

APPLICANT STATES:  When he was offered an early out he was not told of the consequences of getting out short of a full year.  He states that this situation was not brought to his attention until he was processing for retirement.

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

He entered active duty on 16 April 1971.  

His DD Form 214 (Report of Transfer or Discharge) shows he was honorably released from active duty on 12 April 1974 and transferred to the Individual Ready Reserve (IRR).  He is credited with 2 years, 11 months, and 28 days of active service.  

On 27 October 1982 he reenlisted in the active Reserve and served continuously until he was transferred to the Retired Reserve List on 4 November 2002.

A 30 November 2001 ARPC Form 249-2-E (Chronological Statement of Retirement Points) lists his service as; 2 years, 11 months, and 28 days of active duty; three years in the IRR (non-qualifying years for retirement); no military service from 13 April 1977 through 26 October 1984, and as a drilling Reservist from 27 October 1984 through 26 October 2001.  An up-to-date statement shows his total qualifying service toward Reserve retirement as 22 years and 7 days.

Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) provides guidance for awarding of retirement points and establishing Retirement Year Ending (RYE) dates.  Paragraph 1-4 provides that when a service member initially enters active duty in the Regular Army and is then transferred to a Reserve Component (RC), his or her RYE is established as the date of transfer.  Chapter 2 contains the criteria for crediting and awarding of retirements points for a soldier during a retirement year and does not provide for the redistribution of retirement points from one RYE to another.

Title 10, United States Code, chapter 67, sections 1331, through 1337 authorizes retired pay benefits to members and former members of the Reserve components who have completed a minimum of 20 qualifying service and attained the age of 60.  While a qualifying year is determined to be a year in which a minimum of 50 retirement points have been credited for a reservist, a full year (365 or 366 days, as applicable) is required for a member of the Regular Army.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant voluntarily accepted an early release and, other than three years on the rolls, he had no association with the military for the next 8 years.  

2.  His periods of service are correctly reflected on his current statement.  

3.  There is no evidence that he was not properly counseled at the time he voluntarily left active duty before his normal date of separation.
 
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

___JNS _  __MDM__  __BJE __  DENY APPLICATION

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

INDEX

CASE ID	AR2003085105	
SUFFIX		
RECON		
DATE BOARDED	20031118	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	136.06	
2.	136.01	
3.		
4.		
5.		
6.