PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:            14 April 1999   
	DOCKET NUMBER:   AC98-05338
				   AR1999015710

	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. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolff		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas B. Redfern, III		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 records be corrected to show that he has seven qualifying years for a reserve retirement.

3.  The applicant states that he served 3 years on active duty, completed his Reserve obligation 3 years later on 1 May 1980 and earned over 50 retirement points at least during the period 5 February 1980 through 5 February 1981.  He actively participated until 5 March 1985, when he requested discharge due to civilian job and family considerations.  Therefore, he has seven good years.  He lost most of his military records during a move.

4.  The applicant’s military records show that he was appointed a commissioned officer in the U. S. Army Reserve on 2 May 1974 and entered active duty on       26 June 1974.  He was released from active duty on 4 June 1977 and was transferred to the U. S. Army Reserve Control Group (Standby) to complete his obligation.

5.  The Retirement Points Accounting System (RPAS) shows that the applicant’s retirement year (RY) begins on 2 May 1977.  For retirement year ending date (RYEDT) 1 May 1978, RPAS shows he earned 34 active duty retirement points (for his active duty service from 2 May through 4 June 1977) and 15 membership points for a total of 49 retirement points.

6.  RPAS does not show a RY from 2 May 1978 through 1 May 1979, during which time the applicant should have earned 15 membership points.

7.  On 20 December 1979, the Army Reserve Components Personnel and Administration Center (RCPAC) sent a letter to the applicant informing him he would not need a waiver for non-participation until he completed his initial obligation on 1 May 1980.  Then he would have to maintain 50 participatory points to achieve a retirement year.

8.  The applicant provides a Certification of Student Eligibility, dated 14 February 1980, that shows he was making satisfactory progress in the Officer Advanced Course and would be eligible to attend the Course in the summer of 1980.  RPAS shows the applicant earned 15 membership points for RYEDT 1 May 1980.

9.  The applicant provides a copy of a document dated 20 May 1980 to show he satisfactorily completed the first year Officer Advanced Course.  The document has a pen and ink notation that it was worth 24 points.  He provides an undated document that states he was provided a DA Form 87, Certificate of Training to show he successfully completed a phase of instruction but the DA Form 87 is not available.  He provides an Officer Evaluation Report to show he performed active duty for training from 2 – 13 February 1981.  RPAS shows he earned 4 inactive duty points, 15 membership points and 13 active duty points for RYEDT 1 May 1981.

10.  The applicant was honorably discharged from the U. S. Army Reserve on     5 March 1985.

11.  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. 

12.  Army Regulation 135-180 implements statutory authorities governing the granting of “retired pay” to soldiers and former Reserve components soldiers.

13.  Sections 12731 through 12738 of Title 10, U.S. Code, authorize retired pay for Reserve component military service.  Under this law, a Reserve soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.  The term “good years” is an unofficial term used to mean years in which 50 or more retirement points are earned during each year and which count as qualifying years of service for retirement benefits at age 60.

CONCLUSIONS:

1.  RPAS has failed to credit the applicant with retirement points for his service for the period 2 May 1974 – 4 June 1977 and has failed to show an entry for RY 2 May 1978 – 1 May 1979 with 15 membership retirement points.

2.  Other than membership points and points for the last 34 days of his active duty service, the applicant did not earn any retirement points during the period     2 May 1977 – 1 May 1980, when his Reserve obligation terminated.  The          20 December 1979 RCPAC letter to the applicant did not state he earned “good,” qualifying years for retirement during the period he was serving out his obligation. It merely informed him that he did not need to request a waiver for non-participation because the Army was going to keep him in the Reserve to complete his obligation whether he participated or not.

3.  RPAS has already credited the applicant with his active duty for training points for RYEDT 1 May 1981.  

4.  The other three documents submitted by the applicant are insufficient evidence to support his claim for additional points.  The 14 February 1980 letter merely states the applicant was making satisfactory progress in the Advanced Course.  The letter dated 20 May 1980 does not indicate where it originated as it is not on letterhead.  Also, the number of retirement points is a pen and ink notation with no source document.  While the DA Form 87 may be the source document, it is not available. 

5.  The applicant provides no documentation to support his claim of earning retirement points through 5 March 1985.

6.  As a commissioned officer, it was the responsibility of the applicant to make himself aware of the requirements to earn a qualifying year for Reserve retirement and his responsibility to periodically check his records and retirement point status and not to rely on RCPAC to contact him.  While the Board understands that the applicant’s copies of such supporting documentation 10 years after the fact may be lost, he could attempt to contact the school(s) he attended/units he worked with to obtain supporting documentation from the sources.

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 adjusting RPAS to include the applicant’s service from 2 May     1974 – 4 June 1977 and to add RY 2 May 1978 – 1 May 1979 with the appropriate retirement points.

2.  That the applicant provide the Commander, Army Reserve Personnel Command (AR-PERSCOM), ATTN:  ARPC-PSP-T, 9700 Page Avenue, St. Louis, MO 63132-0500 copies of documentation supporting additional retirement points as he is able to obtain them.

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

BOARD VOTE:  

__KLW___  __AAO__  __TBR__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Karen L. Wolff
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-05338/AR1999015710	
SUFFIX		
RECON		
DATE BOARDED	19990414	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.02	
2.		
3.		
4.		
5.		
6.