MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            2 July 2002             
	DOCKET NUMBER:   AR2001063296

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Raymond J. Wagner		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:  Correction of her DD Form 214 (Report of Separation from Active Duty) to show that she served on active duty from 16 July 1976 through 16 July 1979.

APPLICANT STATES:  In effect, that failure to complete a full 3 years of active duty service results in the retirement year beginning 16 July 1978 and ending on 13 July 1979 not being a full year for retirement eligibility purposes.

The applicant further states that she is 3 days short of a full retirement year for 1979 because the offices where she was stationed in Germany were closed on the day she should have out-processed from the Regular Army.  In support of her application, she submits a copy of her DD Form 214, a supplemental letter, and her Chronological Statement of Retirement Points, dated 17 April 1998.

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

The applicant enlisted in the Regular Army on 16 July 1976 for a term of three years.  She successfully completed basic and advanced individual training and was awarded military occupational specialty (MOS) 45K (tank turret repairman).  

The applicant served in Germany from 3 December 1976 through 10 July 1979 and was honorably discharged from active duty on 13 July 1979 at the expiration of her term of service.  

The applicant entered the U.S. Army Reserve (USAR) on 15 March 1983 and is currently serving in the USAR in the rank of staff sergeant.

The applicant’s DD Form 214, issued at the time of her discharge from active duty, shows she served 2 years, 11 months and 28 days active duty service during the period 16 July 1976 through 13 July 1979.  

Regional Personnel Center (Nurnberg, Germany) Orders 194-81, dated 13 July 1979, directed the applicant’s discharge from active duty effective 13 July 1979.

A Chronological Statement of Retirement Points published on 17 April 1998 shows the applicant received “362” days of active duty service credit for the retirement year 16 July 1978 through 13 July 1979.  For this period of active duty, she was also credited with 11 months and 27 days qualifying service for non-regular retirement benefits at age 60 and 362 retirement points.

Sections 12731 through 12739 of Title 10, United States 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.  

Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) in pertinent part governs the establishment of retirement year for members of the U. S. Army Reserve.  This regulation states in effect that a retirement year is a one year period beginning on the date of entry into active service or the effective date of transfer to active reserve service.

Army Regulation 635-5 establishes the standardized policy for preparing and distributing discharge documents.  The regulation states that item 9d (Effective Date) will show the date that the service member is separated from active duty.

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.  Orders show that the applicant was discharged from active duty on 13 July 1979.  The applicant’s DD Form 214 shows that she was separated from active duty effective 13 July 1979.

2.  The Board noted the applicant’s contention that she did not have a “good year” for 1979 for the period beginning 16 July 1978 and ending 13 July 1979.  It is true that the applicant was not credited with a full year of active duty service and, as a result, was not credited with a full year of service (365 days) creditable service toward non-regular retirement.  However, since the applicant received more than 50 retirement points as during this retirement year, it was a qualifying year of service for non-regular retirement purposes as defined by law. 

3.  Records show that the applicant did not serve on active duty during the period on 14, 15, or 16 July 1979; therefore, she is not entitled to credit for active duty service for those days.  

4.  Furthermore, the Board determined that the reason for the applicant’s request for 3 additional days of service credit is not compelling.  Specifically, denial of this request does not preclude her from completing 20 years of Reserve service and does not deny her the opportunity to qualify for non-regular retired pay at age 60.

5.  In view of the foregoing facts, the applicant’s records are correct as currently constituted and there is no basis for amending them to show 3 additional days of active duty service which she did not serve and/or to credit her with 3 additional days of service and 3 additional retirement points to which she is not entitled.

6.  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.

7.  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

KAK____  AAO_____  RJW_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001063296	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020702	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	135.0200 	
2.		
3.		
4.		
5.		
6.