MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           24 April 2003                  
	DOCKET NUMBER:   AR2002080489

	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	
	Ms. Terry L. Placek		Member	
	Mr. Robert L. Duecaster 		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 he be granted severance pay and retired pay.

APPLICANT STATES:  In effect, that if his time in active duty service had been calculated correctly he would have had 15 years service and would have had to be retained until he completed 20 years.  He avers, in effect that he was qualified for pay at age 60 when he was transferred to the Retired Reserve in 1965.  Currently, he will accept separation pay, now and retirement pay, henceforth.

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

He served in the Regular Army in an enlisted status from 28 June 1938 to 27 June 1941.  He reenlisted on 30 June 1941 and served until 17 May 1942.  The applicant reenlisted again on 18 May 1942 and served until 21 January 1946.  He had a break in service through 3 April 1950.  The applicant was commissioned in the Army Reserve (USAR) on 4 April 1950 and served on active duty from 1950 to 1953 when he reverted to an inactive duty status.    

He was twice non-selected for promotion to major and was transferred to the Retired Reserve on 7 September 1973.  He had 30 years, 11 months and 23 days of service for pay purposes and 14 years, 6 months and 20 days of qualifying service for pay at age 60.

During the processing of this case an advisory opinion was obtained from the Army Reserve Personnel Command (ARPERSCOM).  It stated, in effect, that the applicant would have had to have 18 years of qualifying service for pay at age 60 in order to be "locked in" for retention and retirement with pay at age 60.  

The advisory opinion was furnished to the applicant for rebuttal.  He sent two responses both of which continued to focus on a perceived mathematical error that, if he were correct, would have given him slightly over 15 years of qualifying service for pay at age 60.

Public Law 90-130, Section 1(4) 8 November 1967 (now codified as amended in Title 10, United States Code, § 12646) states, in effect, that a Reserve officer who is scheduled for discharge or transfer to the Retired Reserve without pay and who has been credited with at least 18 but less that 20 years of qualifying service for pay at age 60 may be retained and allowed 3 years in which to earn 2 more years of qualifying service for pay at age 60.  An individual who has 19 years of qualifying service for pay at age 60 is allowed 2 years in which to earn 1 year.

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 applicant's contentions in the application and in his rebuttals to the advisory opinion relating to 15 years of qualifying service for pay at age 60 are moot.  There was no provision for 15-year retirement and no provisions for severance pay from inactive duty.

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__  ___TLP__  ___RLD _  DENY APPLICATION

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

INDEX

CASE ID	AR2002080489	
SUFFIX		
RECON		
DATE BOARDED	20030424	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.