MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  24 July 2003
	DOCKET NUMBER:  AR2002081013

	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. Arthur A. Omartian		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Yolanda Maldonado		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 has completed 20 years of qualifying service for retirement at age 60.

APPLICANT STATES:  In effect, that his retirement point records are not correct and he has completed the necessary time to qualify for retirement.  He submits copies of several enlistment forms, discharge documents, and retirement point records in support of his application.

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

He enlisted in the Army National Guard (ARNG) on 23 May 1953.  He entered active duty on 3 August 1953 and was discharged effective 1 October 1957.  After a break in service, he served in the ARNG again from 13 November 1962 through 12 November 1965.  After a second break in service he served again in the ARNG from 8 October 1976 through 16 December 1983 and the Army Reserve from 17 December 1983 through 16 December 1989 when he received his final discharge at age 54 by reason of expiration of term of service (ETS).  The available records indicate that the applicant was assigned from his Army Reserve unit to the Individual Ready Reserve (IRR) approximately 17 October 1984.

A summary of the applicant's retirement points shows that he was credited with 20 years of total active duty, ARNG service, and Army Reserve service.  The summary also shows that he was credited with only 11 years of qualifying service for retirement in which he earned 50 or more points in a given retirement year.  It is noted that his last 5 years of his total 20 years of service were in the IRR and there is no record that he performed any duties in those 5 years that resulted in a qualifying year of service for retirement.

A printout from the Soldier Management System provided by the Army Reserve Personnel Command (AR-PERSCOM) indicates that the applicant and members of Congress have inquired about his eligibility for retired pay at age 60.  A thorough review of his records at AR-PERSCOM and additional documentation provided sufficient evidence to credit him with 16 years of qualifying service for retirement.  However, he was notified again that he was not eligible for retired pay at age 60 with only 16 years of qualifying service for retirement.

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 provided evidence that he should be credited with 16 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.  It is clearly not possible for the applicant to have served a total of only 20 years of service, to have had 5 years in the IRR which were not qualifying years for retirement, and expect to have completed 20 years of qualifying service for retirement.

3.  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.

4.  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

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2002081013	
SUFFIX		
RECON		
DATE BOARDED	20030724	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.