PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  27 June 2000
	DOCKET NUMBER:  AR1999031597

	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.  

	Mr. Carl W. S. Chun		Director	
	Mr. Paul A. Petty .		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Walter T. Morrison		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, in effect, that his retirement point account be corrected to show 20 qualifying years of service for retirement at age 60 based on the correction of Navy retirement points as directed by the Board for Correction of Naval Records (BCNR); that he be issued a 20 year letter of eligibility for retirement at age 60; and that he begin to receive retired pay since he is now over age 60.

3.  The applicant states he was only credited with 19 years of service qualifying for retirement.  The National Guard record of retirement points was in error because it did not correctly show his first period of active service in the Navy.  
He believes that he was not properly counseled based on not having 20 years of qualifying service and he was allowed to be discharged instead of being placed in the retired reserve.

4.  The applicant’s military records show that he initially enlisted in the Navy Reserve on 26 April 1955 and was called to active duty in the Navy from 
6 February 1956 to 6 November 1957 and then returned to a Navy Reserve status.  He was again called to active duty in the Navy from 2 October 1961 to 
1 August 1962 after which he again returned to a Navy Reserve status.  He had a break in service from 26 April 1963 to 12 March 1976.  On 13 March 1976, the applicant enlisted in the New Jersey Army National Guard and served there continuously until his honorable discharge from the Army National Guard on 
1 November 1991 with 19 years service qualifying for retired pay at age 60.  He was transferred to the Army Reserve, Individual Ready Reserve (IRR).  He was honorably discharged from the Army Reserve on 12 December 1995 as a Sergeant E-5.  The applicant reached age 60 on 31 March 1998.

5.  In 1999, the applicant applied to the BCNR for correction of his retirement points posted for Naval duty.  On 27 May 1999, the BCNR found no error in the retirement points from Navy service but as a matter of clemency directed that 
29 retirement points from the excess in previous anniversary years be reallocated to the period ending 25 April 1959 and added to that period’s existing 21 points to make 50 points and make the period a good year qualifying for retired pay.  The New Jersey Army National Guard, who maintained the applicant’s retirement point account, has not yet made this correction to the applicant’s record.

CONCLUSIONS:

1.  The applicant’s retirement point statement should be corrected as directed by the BCNR which would give the applicant 20 years of service qualifying him for retired pay at age 60.

2.  The applicant should be placed in the Retired Reserve, provided a 20 year letter of eligibility for retired pay at age 60, be counseled on the Survivor Benefit Plan (SBP), given the opportunity to make SBP elections, and provided retired pay effective 31 March 1998, the date the applicant should have begun receiving retired pay.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected for the individual concerned by:

	a.  recording his retirement points as reported by the New Jersey Army National Guard and correcting them as directed by the BCNR to show that he has 20 years of service qualifying for retirement;

	b.  placing him in the Retired Reserve;

c.  issuing him a 20 year letter of eligibility for retired pay at age 60;

d.  counseling him on the SBP and giving him an opportunity to make SBP elections; and

e.  providing him retired pay effective 31 March 1998.

BOARD VOTE:  

__MM___  ___CG_  ___WM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Mark D. Manning_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999031597	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000627	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.136.03	USAR Retired Reserve	
2.		
3.		
4.		
5.		
6.