MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:      

		BOARD DATE:           9 September 2003                   
		DOCKET NUMBER:  AR2003086583

	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. Shirley L. Powell		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas A. Pagan 		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 record be corrected to show he is entitled to non-regular retired pay at age 60.  

APPLICANT STATES:  In effect, that he served for a sufficient period of time on active duty and in the United States Army Reserve (USAR) to qualify for retirement pay, but he continues to be denied this benefit.  He states that each time he requests retirement, he gets a different response as to the number of years/points credited to him for retired pay purposes.  He states that he has been fighting with the Army Reserve Personnel Command (ARPERSCOM) for his retirement benefits for 11 years and it is now time to elevate this matter in order for him to receive the benefits to which he is entitled.  

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

He served in various active and Reserve Component (RC) capacities between 
19 January 1950 and 31 October 1992.  Orders Number 232-24, dated 
23 November 1992, issued by the State of Texas, Adjutant General’s Department, directed the applicant’s discharge from the Army National Guard (ARNG) and as a Reserve of the Army effective 31 October 1992.  

The separation document (NGB Form 22) issued to the applicant on the date of his discharge shows that he held the rank of sergeant and that he had completed a total of 17 years and 4 months of RC service and 1 year and 9 months of active military service as of 31 October 1992.  

A 20 November 2002 letter from the Chief, Transition and Separations Branch, ARPERSCOM, confirms that a complete review and update of the applicant’s record resulted in a correction of his Retirement Points Accounting System (RPAS) summary point sheet that resulted in his being credited with 15 years, 
7 months, and 28 days of qualifying service for retired pay.  

In connection with the processing of this case an advisory opinion was obtained from ARPERSCOM personnel officials.  It states that a review of the applicant’s records failed to show that he should be credited with any additional service beyond that outlined in the 20 November 2002 letter from the Chief, Transition and Separations Branch.  It further indicates that if the applicant has any documentary evidence to show he is entitled to additional service credit or retirement points, he should provide that evidence to the appropriate ARPERSCOM officials so that a correction to his records can be made.  If no further documents are provided, no further corrective action can be taken in regard to this issue.  

On 1 July 2003, the applicant was provided a copy of the ARPERSCOM advisory opinion in order to have the opportunity to rebut its contents.  To date, he has failed to respond.  
Title 10 of the United States Code, section 12731 (10 USC 12731) provides the age and service requirements necessary to qualify for non-regular retired pay at age 60.  It states, in pertinent part, that in order to be eligible for retired pay a member must be age 60 and must have performed at least 20 years of qualifying service.  

10 USC 12732 provides the legal guidance on determining entitlement to retired pay and computation of years of service.  It states that the years of qualifying service required to receive non-regular retired pay at age 60 for each one-year period after 1 July 1949 in which the individual has been credited with 50 points on the point basis outlined in the law.  

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 served a sufficient period of time to be eligible for retired pay at age 60.  However, it finds insufficient evidence to support this claim.  

2.  The evidence of record confirms that although the applicant served in the military for a period of time spanning over 20 years, he only received enough points to be credited with 15 years, 7 months, and 28 days of qualifying service for retired pay at age 60.  Therefore, since he has not completed the 20 years of qualifying service necessary to be eligible to receive retired pay, the Board finds no evidentiary basis upon which to support granting the requested 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

WTM___  __TAP__  __SLP _  DENY APPLICATION

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

INDEX

CASE ID	AR2003086583	
SUFFIX		
RECON		
DATE BOARDED	2003/09/	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1992/10/31	
DISCHARGE AUTHORITY	NGR 600-200 	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.		
3.		
4.		
5.		
6.