MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 March 1999                   
	DOCKET NUMBER:   AR1999014577

	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. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Edward Williamson		Member	
	Mr. Gary C. Miller		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 records be corrected to show that he is entitled to retired pay.

APPLICANT STATES:  That he was recently advised by the VA that he should have been drawing some type of retired pay due to the number of years he served in the active Army and reserves.

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

He initially entered the Delayed Entry Program on 17 August 1978 and enlisted in the Regular Army on 12 September 1978.  On 4 January 1984, he enlisted in the U. S. Army Reserve for 3 years prior to his release from active duty on 12 March 1984.  He was discharged from the U. S. Army Reserve on 7 January 1987.  He reenlisted in the Regular Army on 5 May 1988.

On 8 April 1991, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice, for disobeying a lawful order and for disobeying a lawful general regulation by reporting for duty with a blood alcohol level of more than .05 percent.

On 6 June 1991, separation action under the provisions of Army Regulation 635-200, Chapter 14 for misconduct, commission of a serious offense, was initiated.

On 6 June 1991, the applicant waived consideration of his case by an administrative separation board, waived personal appearance before such a board, elected not to submit a statement in his own behalf, and waived consulting counsel.

The appropriate authority approved the recommendation and directed the applicant be issued a General Discharge Certificate.

On 19 June 1991, the applicant was discharged, with a general discharge, under the provisions of Army Regulation 635-200, Chapter 14 for misconduct, commission of a serious offense, in pay grade E-3.  He had completed 8 years, 7 months and 16 days of creditable active service and had no lost time.

Title 10, U. S. Code, section 1315 provides the temporary early retirement authority for the active force for the period 23 October 1992 through 1 October 1999.  It provides for the length of service retirement for an enlisted member with at least 15 but less than 20 years of active service.

Title 10, U. S. Code, section 12731 provides that a non-regular service member is entitled, upon application, to retired pay if the person is at least 60 years of age; has performed at least 20 years of qualifying service; and, having completed the service requirement during the period beginning on 1 October 1994 and ending on 30 September 1999, shall have performed the last six years of qualifying service while a member of a reserve component.

Title 10, U.S. Code, section 12731a is the temporary special retirement qualification authority.  It provides that, during the period 1 October 1991 through 30 September 1999, a member of the Selected Reserve who has completed at least 15, and less than 20, years of qualifying service may, upon the request of the member, be transferred to the Retired Reserve.  

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.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant was discharged from the Regular Army on 19 June 1991.  He had completed less than 9 years of active federal service and less than 11 years of total service for pay.  He was discharged prior to the effective date of either the active force or the reserve component early retirement programs.  In either case he did not meet the 15 years of service requirement nor the last 6 years of qualifying service in a reserve component for a reserve retirement.

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

__RVO___  __EW____  __GCM___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999014577	
SUFFIX		
RECON		
DATE BOARDED	19990303	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	136.00	
2.		
3.		
4.		
5.		
6.