MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 June 2000                   
	DOCKET NUMBER:   AR1999031565

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Melvin H. Meyer		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:  Correction of his service computation to reflect        26 years, 00 months and 00 days.

APPLICANT STATES:  That the automated service computation of his service omitted his U. S. Army Reserve (USAR) time from 9 March 1976 through 24 April 1977.  His Reserve time is counted on the ARPC-249-2-E, Chronological Statement of Retirement Points he provides.

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

He enlisted in the Regular Army on 9 March 1973 and was released from active duty on 8 March 1976.  He transferred from the Individual Ready Reserve to the Selected Reserve on 1 September 1976.  He reenlisted in the Regular Army on 25 April 1977.  He was commissioned out of Officer Candidate School and entered active duty on 2 May 1980.  He retired effective 1 April 1999.

On 15 October 1998, an automated Service Computation for Retirement form was prepared.  This form shows he would have 24 years, 11 months and 6 days of active service as of 31 March 1999.  His total service for basic pay purpose was computed at 26 years and 22 days.  His total service for percentage purposes (1405 service) was computed at 25 years and 06 days.  The reverse of the form showed his inactive service (erroneously ending it on 30 April 1977) and his retirement points earned.  It also showed his active service as 24 years,      11 months and 6 days.  It added his retirement points credit (30 credits for an equivalent of 1 month service) to his active service for total 1405 service of        25 years and 6 days.  (His inactive service should have been shown as ending on 25 April 1977, his membership points and total points for that line should have been shown as “2,” his retirement point equivalent should have been shown as   1 month and 1 day and his total 1405 service should have been shown as         25 years and 7 days.)

The ARPC Form 249-2-E provided by the applicant erroneously shows that all his service time was served on active duty as a commissioned officer.  This form shows he had 26 years, 00 months and 00 days of qualifying service for retirement.

A Retirement Points Accounting System printout dated 1 March 2000 correctly shows the applicant’s service history properly broken out by active enlisted service, USAR service, again active enlisted service and active commissioned service.  It shows his USAR service began on 9 March 1976.  For retirement year ending date 8 March 1977 he earned 14 inactive duty points and 15 membership points.  It shows his last day of USAR service ending on 24 April 1977.  For retirement year ending date 24 April 1977 it shows he earned 2 membership points.

In the processing of this case, an advisory opinion was obtained from the Army Reserve Personnel Command (AR-PERSCOM).  AR-PERSCOM researched the applicant’s case and determined that the 15 October 1998 automated Service Computation for Retirement form was more accurate than the ARPC Form     249-2-E.

A copy of the advisory opinion was provided to the applicant for comment.  He responded (SEE ATTACHED) by neither concurring in nor nonconcurring in the advisory opinion.  He summarized by stating he believed he had done everything asked of him to confirm his years of service and in effect just wants to ensure that all the computations are correct.

Title 10, U. S. code, section 1405 concerns computation of retired pay.  It states that for the purposes of the computation of the years of service of a member, the years of service of the member are computed by adding (1) his years of active service; (2) the years of service, not included in clause (1), with which he was entitled to be credited on 31 May 1958; and (3) the years of service, not included in clause (1) or (2) with which he would be entitled to be credited under section 12733 of this title if he were entitled to retired pay under section 12731 of this title.

Title 10, U. S. code, section 12733 concerns computation of retired pay for    non-regular service.  It states that for the purpose of computing the retired pay of a person under chapter 1223, the person’s years of service and any fraction of such a year are computed by dividing 360 into the sum of the following (1) the person’s days of active service; (2) the person’s days of full-time service while performing annual training duty or while attending a prescribed course of instruction at a school designated as a service school; (3) one day for each retirement point credited to the person but not more than 60 days in any one year of service; and (4) 50 days for each year before 1 July 1949.

Army Regulation 140-185 prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for USAR soldiers.  Appendix C prescribes the retirement point credits for membership in an active status in the Army Reserve for less than a full retirement year.  It states that 2 membership points are to be credited when a member is in an active status from 37 through 60 days 

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.  Except for two minor errors, the Board finds that the 15 October 1998 automated Service Computation for Retirement form as pertains to the applicant to be correct.  It is true that he had 26 years and 22 days of total service for basic pay (not 26 years as shown on his ARPC Form 249-2-E).  However, he cannot be given one-for-one credit for the time he served in the USAR.  He can receive credit only on a one day-for one retirement point basis.  Therefore, his total service for percentage purposes could not equal 26 years and 22 days.

2.  The Board notes that the 15 October 1998 automated Service Computation for Retirement form does erroneously show the applicant’s USAR service ended on 30 April 1977.  That date should have read 25 April 1977, the day he reenlisted in the Regular Army.  It erroneously shows he earned only                   1 membership point for the period 9 March 1977 to 25 April 1977.  Since that is a 46-day period, he earned 2 membership points for a total of 31 points, not         30 points.  This would increase his retirement points equivalent to 1 month and    1 day and his total 1405 service to 25 years and 7 days.

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.

NOTE:  The U. S. Total Army Personnel Command, will be directed to administratively correct the applicant’s automated Service Computation for Retirement form dated 15 October 1998, item 35 (second line) to read            1977 03 09 / 1977 04 25 / 2 / 0 / 0 / 2; item 35g to read 31; item 39 to read        00 01 01; item 41 to read 25 00 07; and item 23 to read 25 00 07.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jhl___  __jns___  __mhm___  DENY APPLICATION

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

INDEX

CASE ID	AR1999031656	
SUFFIX		
RECON		
DATE BOARDED	20000629	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	136.00	
2.		
3.		
4.		
5.		
6.