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ARMY | BCMR | CY2001 | 2001060434C070421
Original file (2001060434C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 11 December 2001
         DOCKET NUMBER: AR2001060434

         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. Paul A. Petty Analyst


The following members, a quorum, were present:

Ms. Karol A. Kennedy Chairperson
Mr. Thomas E. O’Shaughnessy Member
Mr. Ronald E. Blakely 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, he requests retirement from the Army.

APPLICANT STATES: That he has completed 18 years of active Army service and 2 years active Reserve. He is trying to establish eligibility for retirement from the Army.

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

He enlisted in the Regular Army on 5 December 1967. He served for various periods in the Regular Army, the Army National Guard (ARNG), and the U. S. Army Reserve (USAR), with one break in service, between his first enlistment and his last expiration of term of service (ETS) discharge from the USAR on
17 November 1991 as shown in the table below.

Period of Service Type of Service Years Creditable for Retirement
05 Dec 67 – 04 Dec 70 Regular Army 3 years
05 Dec 70 – 01 Dec 73 USAR Standby no retirement credit period
02 Dec 73 – 25 Feb 79 Break in Service no retirement credit period
26 Feb 79 – 30 Oct 85 ARNG 6 years, 8 months, 5 days
31 Oct 85 – 06 Dec 85
07 Dec 85 – 05 Sep 88		 USAR TPU
USAR IRR		 1 year, 3 months, 25 days
(insufficient retirement points earned while in the IRR
26 Feb 86 – 5 Sep 88
for years to be creditable
for retirement)
06 Sep 88 – 17 Nov 91 USAR TPU 3 years
14 years TOTAL

Legend:
USAR TPU = USAR Troop Program Unit
USAR IRR = USAR Individual Ready Reserve

The applicant’s records contain a DA Form 4644-R, (Army Reserve Reenlistment Data) that shows that he was counseled about reenlisting in the USAR prior to the end of his last enlistment. The form “comment” box shows the acronym “ETS,” indicating that the applicant did not reenlist but was discharged at the end of his enlistment contract period. He was discharged as a sergeant (SGT), pay grade E-5.





The U. S. Army Reserve Personnel Command (AR-PERSCOM) provided an ARPC Form 2496-E (Statement of Service), prepared on 21 August 2001, based on the applicant’s records, showing all of his periods of service. AR-PERSCOM also verified his retirement point account against his records and the statement of service. A retirement points summary was provided that shows that he has only 14 years creditable for retirement at age 60. AR-PERSCOM provided an advisory opinion that the applicant was not eligible for retirement or retirement benefits at age 60. The applicant was provided a copy of these reports and the advisory opinion for comment or rebuttal. These documents were returned undeliverable from the address the applicant provided on his application.

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, it is concluded:

1. The applicant has only 14 years creditable for retirement at age 60. He is not eligible for retirement or retirement benefits.

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

__kk____ __to____ __rb___ DENY APPLICATION



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



INDEX

CASE ID AR2001060434
SUFFIX
RECON
DATE BOARDED 21101211
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 115.03 – Qualifying Service
2.
3.
4.
5.
6.


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