MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 July 2003
	DOCKET NUMBER:   AR2003086788

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Gail J. Wire		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Robert Duecaster		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 service credit be recalculated for the period between 1968 to 1971, that he be given creditable years of service for that period and that he be issued a 20-year letter.

APPLICANT STATES:  that during the period of 22 June 1968 through 2 June 1971, he was in the Stand-By Control Group and was required to maintain a complete military issue and report his monthly status.  Furthermore, he exceeded the required points during his time in the United States Army Reserve (USAR) and he served more than 23 years; however, it was not until he visited the Veterans Hospital that he learned that he needed a 20-year letter and identification card.

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

He initially enlisted in the Regular Army on 22 June 1965 and served until he was honorably released from active duty on 21 June 1968, due to the expiration of his term of service (ETS).  He was transferred to the USAR Control Group (Reinforcement) to complete his 6-year statutory service obligation.  He remained in the USAR Control Group (Reinforcement) until his honorable discharge on 21 June 1971.

On 19 June 1972, he again enlisted in the Regular Army and served until he was honorably discharged in the pay grade of E-6 on 22 April 1980.  

He enlisted in the USAR on 16 April 1982 and served in troop program units until he requested a transfer to the USAR Control Group (Reinforcement) and was transferred on 21 July 1990.  He was honorably discharged on 10 July 1991, due to his ETS.  He had 23 years of service for pay purposes and 17 years, 10 months and 4 days of qualifying service for retirement.

A review of his records shows that during the period of 22 June 1968 through 21 June 1971, while assigned to the USAR Control Group (Reinforcement), he only accumulated 15 membership points per year.  The last qualifying year for retirement that he served ended on 15 April 1989, when he earned 56 points.

Army Regulation 135-180, Qualifying Service for Retired Pay - Nonregular Service, provides, in pertinent part, that a USAR soldier who completes 20 qualifying years of service is eligible to apply for Retired Pay at age 60, provided that the last 8 years were served in the Reserve Components.  A qualifying year of service is one in which the soldier earns at least 50 points during the established retirement year.  Any points less than 50 do not qualify as a qualifying year for retirement purposes.  A soldier must have 20 years of service in which he earned 50 or more points each retirement year in order to be issued a 20-year letter.

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 evidence of record clearly shows that the applicant was assigned to the USAR Control Group (Reinforcement) during the period of 22 June 1968 through 21 June 1971 and that he only earned 15 membership points for each of those years.  Therefore, absent evidence to show that he earned at least 50 points per year for those years or any other years in which he was not credited with the appropriate number of points, the Board finds no basis to grant him points that he did not earn or to issue him a 20-year letter.

3.  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

__rd ____  ___kh___  ___gw___  DENY APPLICATION

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

INDEX

CASE ID	AR2003086788	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/07/31	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  334	135.0200/RET PTS CREDIT	
2.		
3.		
4.		
5.		
6.