MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            20 December 2001                  
	DOCKET NUMBER:   AR2001061260

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Mr. Lester Echols		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 remove “indefinite” from his DA Form 2A (RES); an immediate honorable discharge from the Army Reserve (USAR) with back pay and allowances; and, a retirement pension granted.

APPLICANT STATES: He indicates that he has maintained his uniforms and physical fitness and answered the call to duty.  There are no units within hundreds of miles of his domicile.  He provides a copy of his DD Form 2A (RES), a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 31 January 1972; a Chronological Statement of Retirement Points, dated 9 September 1997; a copy of a letter to a United States Senator, dated 10 July 2001, and a copy of a letter to a senator from Army Reserve – Personnel Command.

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

The Board considered the applicant’s request on 4 December 2001 and, although they voted to deny relief, the board, by unanimous vote, determined that the applicant’s failure to file within the statutory time limits should be excused.  Hence the applicant’s case has been reconstituted to excuse his failure to timely file. 

During the period 22 May 1957 through 7 March 1961 (3 years, 9 months and   14 days), he served on active duty in the Navy.

During the period 8 March 1961 through 21 May 1963, he served in the Naval Reserve.  He had no qualifying service for retirement at age 60.

During the period 22 May 1963 through 23 April 1965, he had a break in military service.

During the period 24 April 1965 through 23 April 1966, he served in the Army National Guard and completed 1 qualifying year for retirement.

During the period 24 April 1966 through 27 September 1973, when he was discharged, he served in the USAR and had 4 qualifying years for retirement.  During the period 7 July 1969 through 31 January 1972, he served on active duty.

During the period 28 September 1973 through 15 January 1981, he had a break in military service.

During the period 16 January 1981 through 15 January 1992, he was a member of the USAR Ready Reserve and completed 2 qualifying years for retirement.

On 11 June 1992, Orders D-06-220334, Army Reserve Personnel Center announced that he was honorably discharged from the Ready Reserve.  He was directed in the discharge order “If Reserve Identification DD Form 2A (RED) is in your possession, return it to this headquarters, ATTN: DARP-PAS-EVC.  All Reserve of the Army, and Army of the United States appointments are terminated.  If you have any questions in the future about your military records or your military service, contact the National Personnel Records Center, General Services Administration, 9700 Page Boulevard, St. Louis, MO 63132-5200.  As you no longer have any military status, your records are no longer maintained by the Department of the Army.”

Army Regulation 135-180 (Army National Guard and Army Reserve - Qualifying Service for Retired Pay Non-Regular Service) indicates, in pertinent part, “to be eligible for retired pay, an individual need not have a military status at the time of application, but must have - (1) Attained age 60.  (2) Completed a minimum of  20 years of qualifying service.  (3) Served the last 8 years of his or her qualifying service as a Reserve component soldier.”

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.  The evidence of record clearly shows the applicant only completed 10 years,  9 months, and 14 days of qualifying service for retirement at age 60, of the required 20 years, and he did not serve the last 8 years of his qualifying service as a Reserve component soldier; therefore, he is not entitled to back pay, allowances or retirement.

2.  Upon his honorable discharge on 11 June 1992, the applicant was directed to return his military identification card, which he failed to accomplish. 

3.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time.

4.  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.

5.  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

_jns____  _le_____  __tbr___       DENY APPLICATION

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

INDEX

CASE ID	AR2001061260	
SUFFIX		
RECON		
DATE BOARDED	20011220	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	136.00	
2.		
3.		
4.		
5.		
6.