MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 April 2002                   
	DOCKET NUMBER:   AR2001063892

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Donald P. Hupman, Jr.		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:  That he be issued a “20-year letter,” a letter of eligibility for Reserve retired pay at age 60.

APPLICANT STATES:  That in 1986 his supervisor and others corrected his records and established that he had 181/2 years of qualifying service.  He submits several miscellaneous service record documents in support of his application.

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

He served on active duty from 1966 through 1968, had a brief break in active duty in 1969, then reenlisted and served until 18 December 1972.  There was a break in service from 19 December 1972 until 15 October 1976 when he affiliated with an Army Reserve (USAR) troop program unit (TPU) and completed a qualifying retirement year ending (RYE) 15 October 1977.  

The applicant then had five consecutive non-qualifying years followed by qualifying years ending with his RYE date of 15 October 1983 through 1988.

As of his RYE date in 1986 he had only 10 years 10 months and 19 days qualifying service and only 17 years of service for pay computation purposes.

The applicant had only one more qualifying year, his RYE in 1991.  

On 6 June 1998, he submitted a urine sample that tested positive for cocaine.  He was separated with a general discharge due to misconduct, drug abuse on 1 April 1999.

The documents submitted by the applicant in support of his application include:

	•  Army Reserve Retirement Point (record) Cards showing a qualifying RYE in 1977 and non-qualifying years in 1978, and 1980.

	•  A TPU movement order annex indicating 12 days annual training in June 1992.  The applicant’s name is included.  There is no available evidence to show whether or not he actually participated.

	•  21 December 1990 orders for two TPU personnel to report for active duty of up to 180 days. (This period would have been included in the successful RYE in 1991.) 

	•  An Army Physical Fitness Test Score Card, bearing the applicant’s name and dated 29 April 1993.  

	•  The applicant’s DD Forms 214 (Report of release or Discharge from Active Duty) for enlistment ending in 1971 and 1972.

	•  A correspondence course certificate dated 28 March 1986.

	•  Certificates of achievement for the period from 5-18 July 1987 and 
3-10 July 1988.  (These periods are included in the qualifying RYEs in 1987 and 1988 noted above.) 

	•  A 25 May 1986 Academic Evaluation Report.  (This period was included in the RYE 15 October 1986.)

	•  A 31 January 1986 letter from the Army Reserve Personnel Center asking the applicant to complete forms for a security clearance background check.  (RYE in 1987.)

	•  Promotion orders dated 18 November 1986.  (RYE in 1987.)

	•  Promotion orders dated 15 January 1986.  (RYE in 1986.)

	•  An enlisted evaluation report dated for the period ending November 1972.  (He was on active duty.)

	•  An Army Physical Fitness Test Score Card, bearing the applicant’s name and dated 16 June 1991.  (RYE in 1991)

	•  A 9 April 1976 letter from a Department of Veterans Affairs official stating the applicant was scheduled to take a state Emergency Medical Technician (EMT) examination.

	•  A letter of appreciation to a TPU commander for the applicant’s assistance with a surgical procedure on 13 November 1976.  (RYE in 1977.)

	•  Orders to annual training with a reporting date of 6 May 1996.  The applicant was a member of the USAR Control Group (IMA).  There is no available documentation to show whether or not he carried out these orders. 

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 available evidence, including the applicant’s submissions does not demonstrate that the applicant completed 20 years of qualifying service for Reserve retired pay at age 60.

2.  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.

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  _  __RJW __  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2001063892	
SUFFIX		
RECON		
DATE BOARDED	20020409	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	135.00	
2.		
3.		
4.		
5.		
6.