MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 August 2001
	DOCKET NUMBER:   AR2001055427

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Ms. Regan K. Smith		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 military record be corrected to show the date that he is retirement eligible. 

APPLICANT STATES:  In effect, that his eligibility date for retirement was not calculated when he came onto active duty in accordance with Army Regulation 140-185.  In addition, he claims that the service listed in his Statement of Service-For Computation of Length of Service for Pay Purposes (DA Form 1506) was not included in his record.  He states that he contacted the Army Reserve Personnel Command (ARPERSCOM) and informed them of the alleged error and indicates his willingness to serve until 5 August 2011.  He further states that he has earned his retirement and it is time for him to enter school for the ministry. In support of his application, he submits a copy of DA Form 1506, a copy of the Department of Defense (DoD) Financial Management Regulation pertaining to creditable service, and his Army Reserve Retirement Credit Cards, which he contends documents his Reserve service. 

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

The applicant is currently serving in the Regular Army (RA) on active duty, in the rank of staff sergeant, and is assigned to Fort Hood, Texas. 

In connection with the processing of this case an advisory opinion was obtained from the US Total Army Personnel Command (PERSCOM).  PERSCOM provided a Computation of Officer’s Service (DA Form 185), dated 30 September 2001, that contains a computation of the applicant’s creditable military service as of that date.  It shows that as of the date this document was prepared the applicant had completed a total of 16 years, 8 months, and 11 days of creditable military service for pay purposes, of which, 2 years, 1 month, and 26 days was active military service. 

On 1 June 2001, the applicant was forwarded a copy of DA Form 185 provided by PERSCOM for his information and to be given an opportunity to respond.  On 5 June 2001, he responded by nonconcurring with the computation of his service provided by PERSCOM and by citing regulatory guidance that governs his eligibility for retirement.  He states that he has given the Army his time, talent, and dedication and should be retired after completing 20 years of service.  He further states he should be allowed to retire in the year 2004 or 2005. 

Army Regulation 135-180 implements the statutory authority governing qualifying service for retired pay for non-regular service in the Reserve Components (RC).  Chapter 2 states, in pertinent part, that a member is eligible for retired pay when they have reached age 60 and have completed a minimum of 20 years of qualifying service, the last eight of which are served in a RC.  
The regulation also defines a qualifying year as a year of service during which a Reservist earns at least 50 retirement points.  For service in an active component, a qualifying year of service is a full calendar year consisting of 
365 or 366 days, as appropriate.

Title 10 of the United States Code, sections 3911 and 3914 provide the legal authority for the retirement of RA soldiers with at least 20, but less than 30, years of active military service.  It states, in pertinent part, that RA soldiers may, upon their request, be retired, with discretion lodged with the Secretary of the Army.  Under the provisions of Title 10 of the United States Code, sections 3917 and 3924, there is no specific statutory requirement to approve a request for retirement for a soldier of the RA until completion of 30 years of active military service for an enlisted soldier and 40 years of active military service for a commissioned officer.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The DA Form 185 provided by PERSCOM confirms that as of 30 September 2001, the applicant had completed a total of 16 years, 8 months, and 11 days of military service for pay purposes, of which, only 2 years, 1 month, and 26 days was active military service.  

2.  By law and regulation, in order to be eligible for retirement from the RA a member must have completed at least 20 years of active military service and to be eligible for non-regular retired pay at age 60 a member must have completed a minimum of 20 years of qualifying service for retired pay purposes, the last eight of which must be served in a RC.  

3.  The statement of service provided by PERSCOM confirms that the applicant has not yet completed 20 qualifying years for retired pay purposes and has completed less than 3 total years of active military service.  Further, there is no evidence of record or independent evidence provided by the applicant that supports his claim that he should be eligible to retire from active military service or be entitled to non-regular retired pay in the year 2004 or 2005.  Thus, the Board finds no basis for the requested relief in this case. 

4.  It would appear that the applicant may believe that his years of non-regular service (service in the USAR not on extended active duty) in addition to his years of active military service establish his eligibility for RA retirement.  This is not the case, as noted above, in order to qualify for retirement from the RA a member must complete, at a minimum, 20 years of active military service.  

5.  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 or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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

__MKP   _  __TBR __  __RKS__  DENY APPLICATION

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

INDEX

CASE ID	AR2001055427	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/07	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.