PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           31 May 2000                   
	DOCKET NUMBER:   AR1999031474

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Stanley Kelly		Member	
	Mr. John P. Infante		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that the Board determine his number years of service, his number of qualifying years, and the number of retirement points for which he should be credited.  He also requests that the 6-year barring statute be waived and that he be paid all retirement pay due him.

3.  The applicant states that he has spent 12 years trying to get information concerning the amount due him for his retirement.  He was told his records were lost in a fire.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information contained herein was obtained from documents provided by the applicant.

5.  The applicant was born on 15 August 1926.  His Report of Separation shows he enlisted in the Regular Army on 8 December 1945 after having had 6 months and 9 days of prior service (making his initial date of entry 29 May 1945).  He was honorably discharged (not released from active duty) on 4 January 1947.

6.  Most of the official supporting documents provided by the applicant show that he was in the U. S. Air Force Reserve (USAFR) or the Civil Air Patrol.  The earliest document available is an order dated 26 September 1956 showing that the Operations and Communications Sections of the Breckenridge Squadron, Civil Air Patrol were ordered to participate in an exercise.  Air Force Reserve orders, undated, show he was assigned to the Retired Reserve “1 June” and relieved from his previous assignment “30 APR 66.”  None of the official documents refer to the Regular Army or the U. S. Army Reserve (USAR).

7.  Four unofficial documents provided by the applicant contain contradictory information.  One handwritten memorandum for record or record of phone conversation from the National Archives and Records Administration (NARA), apparently completed 27 August 1997, states “was in Regular Army, s/m went to Korea came back in 51 & was then in the Air Force Reserves.  This request needs to be split.  1945 – 50 to whoever gets Regular Army & 51 – 79 to Air Force Reserves.”  One handwritten document apparently prepared by the applicant is headed “1945 to 1950 Army R. 1950 to 1979 AFR.”  One document is a hand-completed DD Form 108, Application for Retired Pay Benefits.  On this form he notes that he was in the Army from 7 April 1944 to 4 January 1947 and the USAR from 10 April 1947 through 7 June 1967.  He also provides a typewritten chronology wherein he states he was in the U. S. Army from 1945 – 1947, the USAR from 1948 – 1949, “1950 – 1957 – No records available because of a fire” (with a handwritten note “came back from Korea in 51 – Air Force Reserves”), and in the Air Force/Air Force Reserve from 1958 on.  

8.  Army Regulation 140-185 prescribes the types of training and activities for which retirement points are authorized.  Only Ready Reserve soldiers and Active Standby Reserve are authorized retirement point credit.  The retirement year beginning date will be the date of initial entry into a Reserve Component but may be changed under certain circumstances, such as the soldier having a break in service.  Retirement points may be earned by USAR soldiers for active duty (AD), or while in an active Reserve status for active duty for training (ADT), initial active duty for training (IADT), involuntary active duty for training (involuntary ADT), annual training (AT), inactive duty training (IDT), Reserve membership (15 points for each year in an active status) and for certain other activities specified in this regulation (such as correspondence courses completed under certain specifications).  A maximum of 365 points may be credited to a soldier during a retirement year (366 during a leap year).  A maximum of 60 retirement points (exclusive of active duty points) may be credited to a soldier during a retirement year.  It also provides that a statement of retirement points is prepared annually and provided to the soldier to give him an opportunity to request correction of errors in the statement.

9.  Title 10, U. S. Code, section 9441, states that the Civil Air Patrol is a volunteer civilian auxiliary of the Air Force.  

10.  It appears the applicant is not currently drawing retired pay.

CONCLUSIONS:

1.  The applicant’s military records are not available and he provides contradictory statements as to when he served in the Regular Army/USAR/USAFR.  It appears that NARA may have been looking at official documents when it stated “…1945 – 50 to whoever gets Regular Army                & 51 – 79 to Air Force Reserves.”   However, the official evidence available shows that the applicant was discharged from the Regular Army on 4 January 1947 and was not transferred to the USAR.

2.  The evidence of record available shows that the applicant was in the Regular Army from 29 May 1945 to 4 January 1947 for 586 days of active duty.  Again, there is no evidence of record to verify he served in the USAR at any time after    4 January 1947.  Normally, only USAR soldiers have a retirement year established and earn retirement point credit.  However, for convenience it would be appropriate for the Board to show the applicant earned 586 active duty retirement points.

3.  The Board has no authority to determine the applicant’s number of years service, number of qualifying years or total number of retirement points since he ended his service with the USAFR.  (The Board also cannot determine if the applicant was in the USAFR or the Civil Air Patrol.)  Since it appears the applicant is not now drawing retired pay, and since it appears he should have applied for retired pay from the U. S. Air Force, it would not be appropriate for the Army Board to consider the grant a waiver of the barring statute.

4.  In view of the foregoing and as an exception to policy, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant earned 586 retirement points as follows:

     a.  that his initial retirement year began 29 May 1945, ended on 28 May 1946, his military personnel class was enlisted, his component Regular Army, he earned 365 active duty points for 01 00 00 qualifying years for retirement, and a total of 365 points;

    b.  that his second retirement year began 29 May 1946, ended on 4 January 1947, his military personnel class was enlisted, his component Regular Army, he earned 221 active duty points for 00 07 11 qualifying years for retirement, and a total of 221 points;

     c.  that his total qualifying service from his Army service for retirement was    01 07 11 and his total points 586.

2.  That after the aforementioned corrections are made, the applicant be provided a statement of retirement points.

3.  That after the applicant receives his statement of retirement points, he apply to the Board for Correction of Air Force Records, providing them a copy of his Army statement of retirement points and all other available supporting evidence, to have his Air Force qualifying service and points determined and to determine if he is qualified for retired pay.  

4.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__jev___  __sk____  __jpi___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			James E. Vick
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999031474	
SUFFIX		
RECON		
DATE BOARDED	20000531	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.02	
2.		
3.		
4.		
5.		
6.