PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 January 2000                   
	DOCKET NUMBER:   AR1999031771

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Curtis L. Greenway		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 his retirement date be corrected from 24 February 1994 to 14 October 1994 and that his retirement points be corrected from 5,666 to 5,743.

3.  The applicant states, in effect, that the Army Reserve Personnel Center (ARPERCEN, now the Army Reserve Personnel Command, AR-PERSCOM), has never gotten his records correct.

4.  The applicant’s military records show that he entered the Delayed Entry Program (DEP) on 19 January 1972, enlisted in the Regular Army on 28 April 1972 (for a total of 98 days in the DEP), was discharged on 15 January 1973 to accept a commission and was released from active duty in June 1986 to continue to serve in the U. S. Army Reserve.  At the time of his retirement, his retirement year began on 26 August and ended on 25 August.

5.  Orders published 14 October 1994 assigned the applicant to the Retired Reserve effective 24 February 1994.  At that time he was credited with 5,666 retirement points.  The applicant disputed the retirement date and the amount of retirement points on several occasions to ARPERCEN/AR-PERSCOM and his Congressional representatives, stating his retirement date was OCTOBER 14, 1994 (emphasis his).

6.  In the processing of this case, an advisory opinion was obtained from          AR-PERSCOM.  AR-PERSCOM amended the applicant’s date of assignment to the Retired Reserve to 14 October 1994 (giving him 48 membership days for retirement year beginning 26 August 1994) as he requested and changed his retirement points to 5,697 based upon multiple errors in his earlier ARPC Form 606-E.

7.  The applicant responded to the advisory opinion, stating he appreciated the change in his retirement date but that he was still due additional retirement points based upon 47 credit hours (CH) of extension course completions and the appropriate number of membership points.  (The revised ARPC Form 606-E included 83 extension course points for retirement year beginning 25 August 1993 and 0 extension course points and 2 membership points for retirement year beginning 26 August 1994.)  He provides 6 correspondence subcourse completion certificates showing he earned 10 CH on cycle date 1 February 1994, 10 CH on cycle date 7 September 1994, 5 CH on cycle date 15 September 1994, 5 CH on cycle date 23 September 1994, 6 CH on cycle date 19 October 1994, and 11 CH on cycle date 21 October 1994.

8.  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.  It states only Ready Reserve soldiers and Active Standby Reserve soldiers are authorized retirement point credit.  Time spent in the DEP prior to 1 January 1985 is creditable for longevity.  Two membership points will be credited when a member serves from 37 through 60 days in an active status and 4 days will be credited when a member serves from 86 through 109 days.  One retirement point is awarded for each 3 CH of a correspondence course satisfactorily completed.  A maximum of 60 retirement points (exclusive of active duty points) may be credited to a soldier during a retirement year.

CONCLUSIONS:

1.  AR-PERSCOM corrected the applicant’s date of assignment to the Retired Reserve to 14 October 1994 to the applicant’s satisfaction.

2.  AR-PERSCOM reviewed the applicant’s retirement point history and revised his total retirement points to 5,697.  He is requesting retirement point credit for an additional 47 CH earned and an appropriate number of membership points.

3.  The applicant served 48 days from retirement year beginning date 26 August 1994 to retirement year ending date 13 October 1994.  The 2 membership points credited to him is correct.  However, the applicant served in the DEP for 98 days during a period when time in the DEP was creditable for longevity.  His retirement year beginning date 19 January 1972 should be corrected to show 4 membership points and 4 total points credited.

4.  The applicant provides evidence to show he completed 20 correspondence course CH during retirement year beginning date 26 August 1994 and ending    13 October 1994 (those subcourses completed on cycle dates 7, 15 and           23 September 1994).  At a computation of 1 retirement point for each 3 CH satisfactorily completed, he is due 7 extension course points for retirement year beginning date 26 August 1994 for a total of 9 points credited for retirement year beginning date 26 August 1994.

5.  The 10 CH completed by the applicant on cycle date 1 February 1994 would normally be included in the extension course points earned during retirement year beginning date 26 August 1993 and ending 24 August 1994.  The applicant’s record of correspondence courses completed is not available so the Board cannot determine if this particular subcourse has already been credited.  However, the applicant is already credited with 60 non-active duty retirement points, the maximum number for which he can be credited, for that retirement year.  A further increase in his extension course points for this particular retirement year will not give him an added benefit and so the Board will not consider the award or non-award of these points.

6.  The 17 CH completed by the applicant on cycle dates 19 and 21 October 1994 were credited after the effective date of his assignment to the Retired Reserve.  Only Ready Reserve soldiers and Active Standby Reserve soldiers are authorized retirement point credit and the applicant was no longer in either of those categories on the dates his subcourses were processed.

7.  In view of the foregoing, 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:

     a.  adding 4 membership points to the applicant’s retirement year beginning date 19 January 1972 for a total of 4 credit points;

     b.  adding 7 extension course points to the applicant’s retirement year beginning date 26 August 1994 for a total of 9 credit points; and

     c.  showing the applicant has a total of 5,708 retirement points.

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

BOARD VOTE:  

__rvo___  __clg___  __jpi___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999031771	
SUFFIX		
RECON		
DATE BOARDED	20000119	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.02	
2.		
3.		
4.		
5.		
6.