APPLICANT REQUESTS: In effect, that he be issued a 20-year letter qualifying him for retirement at age 60.
APPLICANT STATES: That he was discharged from the USAR before a 20-year letter was issued qualifying him for retirement. He further states that he requested reassignment in 1966 in an attempt to acquire more points and it was disapproved. He also states that he believes that if his points were reevaluated they would show that he has enough points for retirement, because during the years 1960 through 1971 the records keeping was inadequate and many black units were not credited for their service.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant was inducted on 2 January 1943 and served until he was honorably discharged on 8 August 1946. He enlisted in the USAR on 9 August 1946 and continued to serve through a series of reenlistments.
In May 1966, the applicant submitted a request for reassignment to another unit. At that time, the applicant indicated that he had approximately 17 qualifying years of service and that he desired to continued to participate until he had 20 qualifying years of service. His request for a transfer was disapproved.
The applicant had qualifying years of service in 1966 and in 1968. On 31 January 1971, the applicant was honorably discharged from the USAR upon the expiration of his term of service in the pay grade of E-7. At the time of his discharge he had completed 19 years, 5 months, and 29 days of total active service.
Army Regulation 140-10, in effect at the time, set forth the basic authority for the assignment, attachment, detail and transfer of Army Reserve soldiers. Chapter 7 of the regulation relates to the removal of soldiers from active status and states, in pertinent part, that soldiers removed from 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. The applicant's honorable discharge from the USAR was accomplished in accordance with law and regulations applicable at the time.
2. It is apparent that the applicant was aware of the amount of qualifying years of service he had in May 1966. However, he did not accrue but one qualifying year of service between the years 1967 and his discharge in 1971.
3. Although the applicant was discharged before receiving a 20-year letter, there is no indication that the applicant took any steps to reenlist in order to obtain the necessary service to qualify for a 20-year letter.
4. The applicantÂ’s contentions have been noted by the Board, however; they are not supported by the evidence submitted with his application or the evidence of record.
5. In view of the foregoing, there is no basis to approve the applicantÂ’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
Karl F. Schneider
Acting Director
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