MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          9 October 2003      
		DOCKET NUMBER:  AR2003086041

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Mr. Robert J. Osborn		Member	
	Ms. Eloise C. Prendergast		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 receive additional creditable service for retirement purposes.  

APPLICANT STATES:  In effect, that since 1967 he has served the Reserve Officers' Training Corps (ROTC), the Engineer Regiment, the 28th Division Combat Engineer Battalion, and with the North Atlantic Treaty Organization Forces.  He contends that he has actively engaged in the military by training ROTC Engineer Battalions at Pennsylvania State University, serving as a Past Commander of an American Legion in Pennsylvania, and by serving as a historian for the American Legion, the Veterans of Foreign Wars, and the Veterans of the Battle of the Bulge.  The applicant also contends that following his active duty service he served in the Engineer Corps Reserve and the National Defense Executive Reserve (a civilian organization).  In support of his application, he submits a document titled "Army Services 1935 - to Present" with enclosures; and a letter, dated 31 December 2002, from the American Legion Post 93 in Pennsylvania. 

EVIDENCE OF RECORD:  The applicant's military records have been lost or destroyed.  This case is being considered using reconstructed records.  The applicant's reconstructed records consist primarily of the WD AGO Form 53-98 (Military Record and Report of Separation).

The applicant's reconstructed records show he entered active duty on 22 May 1941 apparently upon completing ROTC.  He served as a combat engineer battalion commander in the European Theater of Operations from 18 October 1943 through 8 November 1945 and was released from active duty in the rank of colonel on 21 March 1946.

There is no evidence in the available records which shows the applicant served 20 years of active Federal service in the U.S. Armed Forces.

There is also no evidence in the available records which shows the applicant served in the U.S. Army Reserve or the Army National Guard following his release from active duty on 21 March 1946. 

Army Regulation 600-8-24 (Officer Personnel) provides policy and procedures for separation of officers.  Chapter 6, paragraph 6-14c(1) of this regulation states that a Regular or Reserve commissioned officer of the Army who has at least 
20 years of active Federal service, of which at least 10 years have been active service as a commissioned officer, may, on his or her application and in the discretion of the Secretary of the Army, be retired (10 USC 3911).

Sections 12731 through 12740 of Title 10, United States Code, authorize retired pay for Reserve Component military service.  Under this law, a Reserve soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.  This law further requires that the last 8 years of qualifying service must in a Reserve Component.  Section 12732 lists the various forms of service that entitle a person to Reserve retired pay.  None of the organizations listed in "Applicant States" above are listed as qualifying organizations.

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.  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.

2.  The Board considered the applicant's contentions.  However, there is no evidence of record available to the Board which shows the applicant served 
20 years of active Federal service in the U.S. Armed Forces necessary to qualify for Regular Army retired pay.  Therefore, the applicant is not eligible for a 20-year retirement (Regular Army retired pay).

3.  There is also no evidence that the applicant completed 20 years of qualifying service for non-regular retirement benefits at age 60.  Therefore, the applicant is not eligible for retired pay for non-regular service.

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____  RJO____  ECP_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003086041	
SUFFIX		
RECON		
DATE BOARDED	20031009	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	136.0000	
2.		
3.		
4.		
5.		
6.