MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  13 February 2003
	DOCKET NUMBER:  AR20020748701

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Robert J. Osborn		Member	
	Ms. Gail J. Wire		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 show that he completed 20 years of qualifying service for retirement at age 60.

APPLICANT STATES:  That his dates of service are incorrect.  The military schools he completed are not on his records.  He submits copies of several years of Leave and Earnings Statements (LESs), Several NCO Evaluation Reports (NCOERs), information on military schooling completed, and orders for active duty periods in support of his application.

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

He served on active duty as a medical specialist from 6 December 1962 through 5 December 1967 and was transferred to the Army Reserve.  He was separated from the Army Reserve on 5 December 1968 without earning any additional retirement points sufficient for a qualifying year of service.

After a break in service through 8 January 1978, the applicant reenlisted in the Army Reserve effective 9 January 1978.  He continued to serve through a series of reenlistments and was promoted to the pay grade of E-8 effective 12 February 1991.  Effective 25 June 1992 he was voluntarily transferred from his Army Reserve unit to the Individual Ready Reserve (IRR).  Effective 12 December 1995, the applicant was discharged by reason of the expiration of his term of service.  There is no evidence of record that he requested transfer to the Retired Reserve or that he was ever issued a notification of eligibility for retired pay at age 60 (20-Year Letter).

On 28 August 2000, the applicant applied to the Army Reserve Personnel Command (AR-PERSCOM) for retired pay.  On 9 April 2002, AR-PERSCOM informed the applicant that his military records showed he had completed only 12 years of qualifying service for retired pay at age 60 and that he must have completed a minimum of 20 qualifying years of service to receive retired pay at age 60.

The applicant responded to AR-PERSCOM with additional records that showed entitlement to additional retirement points and additional qualifying years of service.  An additional audit by AR-PERSCOM revealed a possible three additional years of qualifying service for a total of 15 years.  Since this was still 5 years short of the required 20 years of qualifying service, his request for retired pay was denied.

A review of the documents provided by the applicant shows that he received Enlisted Evaluation Reports (EERs ) for the period June 1978 through September 1980 as a member of the 307th General Hospital.  His Statement of Retirement Points for this period does not reflect points for attendance at unit training and the EERs do not mention how many unit drills he attended.
The applicant also presents orders for active duty for training (ADT) for attendance at a course of instruction from 13 September 1979 through 5 August 1980.  His records show that he was released from ADT effective 5 August 1980 and he was credited with course completion of the 47-week course.  His Statement of Retirement Points for this period does not reflect points for attendance at this training.

The applicant provided Army pay records that were made available by the Defense Finance and Accounting Service (DFAS).  A review of these records shows that the majority of the pay shown was for attendance that has already been credited.  There were sufficient pay records to show that he should have been credited with additional points for qualifying years ending on 8 January 1983 and 8 January 1986.  These additional points would provide the applicant with a total of 16 to 17 years of qualifying service, still several years short of the 20 qualifying years necessary for retired pay at age 60.

Army Regulation 135-178 provides for the separation of enlisted soldiers.  Chapter 11 states that the separation authority, on ETS, will discharge the soldier.  It also states that a soldier will not be kept past his ETS without his consent or under other operation of law.

Army Regulation 135-180 provides the policy for the granting of retired pay to soldiers and former Reserve Component soldiers.  It states, in pertinent part, that pay is granted after completion of 20 or more years of qualifying service and upon attainment of age 60.

Army Regulation 140-10 sets forth the basic authority for the assignment, attachment, detail, and transfer of USAR soldiers.  Chapter 7 of the regulation relates to the removal of soldiers from an active status and states, in pertinent part, that soldiers removed from an active status will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve.

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.  Notwithstanding that the applicant has provided evidence that he should be credited with more than 12 years of qualifying service for retired pay, there is insufficient evidence of record, or provided by the applicant, that he completed or should be credited with 20 years of qualifying service for retired pay at age 60.

2.  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___  __rjo___  __gjw___  DENY APPLICATION

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

INDEX

CASE ID	AR2002074870	
SUFFIX		
RECON		
DATE BOARDED	20030213	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	136.04	
2.		
3.		
4.		
5.		
6.