MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 18 December 2001
         DOCKET NUMBER: AR2001060808

         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. Irene N. Wheelwright		Chairperson
Mr. Jose A. Martinez		Member
Mr. Thomas Lanyi		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)

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APPLICANT REQUESTS: Correction of his military records to reflect sufficient Reserve Component service credit to receive retired pay.

APPLICANT STATES: In effect, that between 7 November 1937 and
28 February 1959, he served in the active Army for 8 years, 5 months, and
5 days, and in the Army National Guard (ARNG) for 13 years, 2 months, and
6 days, for a total length of service of 21 years, 7 months, and 11 days. He
has supplied 30 pages of documents, mostly from military records, to support his contention. These documents will be identified in the evidence of record as they apply.

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

That his military records are not available and are presumed destroyed in a fire that occurred at the National Personnel Records Center in 1973. The applicant has provided copies some of his military record documents from alternate sources. The copies are not certified as true copies, unless noted herein.

The applicant enlisted in the Regular Army on 8 December 1937. He was honorably discharged as a private in the Infantry on 2 August 1940, under authority of Army Regulation 614-210, paragraph 20, for the convenience of the government. During this period, he completed 2 years, 4 months, and 13 days service and lost 102 days, “time lost under AW 107 (absent without leave) from
3 January 1938 to 14 April 1938, inclusive.” Information source: photo copies of a WD AGO Form 55 (Honorable Discharge from the Army of the United States), dated 2 August 1940, and the back side of the form (Enlisted Record).

After a break in service, the applicant reenlisted in the Regular Army on
15 August 1940. He was honorably discharged as a staff sergeant in the Cavalry on 21 March 1945, at Beltheim, Germany, under authority of Army Regulation 615-365, section 10, and a message from Headquarters, Third U. S. Army, dated 21 March 1945. He was discharged to accept a commission. During this period, he served 4 years, 7 months, and 7 days with no time lost. Information source: photo copies of a WD AGO Form 55 (Honorable Discharge from the Army of the United States), dated 21 March 1945, and the back side of the form (Enlisted Record). This document also shows that the applicant was awarded the Bronze Star Medal, the Purple Heart (wounded by a “SF Lac ringfinger lt hand,” 2 March 1945, at Plutschied, Germany), the European-African-Middle Eastern Campaign Medal with three campaign bronze service stars (Normandy, France, and Germany), the American Defense Service Medal, and two awards of the Good Conduct Medal.

The applicant was commissioned as a Cavalry second lieutenant (2LT) in the Army of the United States on 22 March 1945, in Germany. He departed the


European Theater on 26 August 1945, and arrived in the U. S. on 4 September 1945. He was honorably relieved from active duty on 26 September 1945, under authority of “The Adjutant General” message, dated 6 September 1945, “RR1-5 Demobilization.” During this period, he served 6 months and 5 days. Information source: photo copy of a WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service), dated 26 September 1945.

The applicant’s total active Army time completed to this point was 7 years,
5 months, and 25 days, which is also the number of years, months, and days creditable for Reserve retired pay at age 60. He did not receive credit for the
102 days of lost time during his first term of enlistment.

From photo copies of: 1) an NGB Form 62 (Application for Federal Recognition as a National Guard Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army of the United States in the National Guard of the United States), dated 20 April 1955, containing information entered by the applicant; 2) a “Statement of Service,” dated 31 July 1955, containing information provided by the applicant; and 3) a WD AGO FORM 145 (Army Extension Course Application for Enrollment), dated 25 May 1955; the applicant states that he was in the Officer Reserve Corps (ORC) and U. S. Army Reserve (USAR) from 27 September 1945 through 31 May 1955. A photo copy of a NGB Form 3a (Annotation of the Official National Guard Register), dated
27 January 1956, shows that the applicant was an “ORC Cav 2lt 16 Dec 46 to capt Armor 31 May 1955.” Also on the Federal Recognition application, the statement of service, and the extension course application, the applicant showed that his enlisted service was from 7 November 1937 through 20 March 1945, where the NGB Form 3a and the previously mentioned discharge documents show that his enlisted service was from 8 December 1937 through 21 March 1945, with a break in service from 3-14 August 1940.

A photo copy of a DA AGO Form 1380 (Certificate of Individual Performance of Reserve Duty), dated 11 April 1950, shows that the applicant was an Armored Cavalry first lieutenant (1LT) unit instructor in Company B, 822^nd Heavy Tank Battalion, Chattanooga, Tennessee, and was given 7 retirement point credits for 7 each 2-hour instruction preparation periods. An original carbon copy of a
DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period 5 October 1950 through 25 May 1951, shows that the applicant, as a 1LT, “ORC-Armored,” was honorably relieved from active duty under the authority of Special Regulation (SR) 135-175-4, and paragraph 3, Special Order 110, Headquarters, Camp Polk, Louisiana, dated 14 May 1951, by reason of hardship. The unit he was serving with on active duty when relieved for hardship was Company A, 822^nd Tank Battalion. This DD Form 214 shows that he served 7 months and 21 days on active duty for this period. It also shows that he had


12 years, 10 months, and 17 days other service completed for pay purposes and a total net service completed for pay purposes of 13 years, 6 months, and
8 days.

A photo copy of a DA AGO Form 1380, dated 10 June 1953, shows that the applicant was an Armor – USAR 1LT unit instructor in the USAR Instructor Group, Chattanooga, Tennessee, and was given 1 retirement point credit for one 2-hour instruction period. A photo copy of a DD Form 220 (Active Duty Report), dated 28 June 1953, with attached certificate of physical condition, shows that the applicant, as a USAR 1LT, attended active duty for training on 14-28 June 1953, a period of 15 days.

A very light copy of a TMD Form 153 (Extract of Retirement and Retention Points) shows Reserve duty retirement points for the applicant as a “1LT Armor-USAR,” for the period 1 July 1949 through 30 June 1954, as shown in the following table.

Retirement Points for USAR Duty, 1 July 1949 through 30 June 1954

Retirement Yr Ending	Membership Points	Inactive Duty Tng	Extension Course	Active Duty	Total Points	Years Qualifying for Retired Pay
30 Jun 50	15	40	0	0	55	1
30 Jun 51	15	11	0	233	259	1
30 Jun 52	15	0	0	0	15	0
30 Jun 53	15	17	0	15	47	0
30 Jun 54	15	22	0	0	37	0

The retirement points indicated in the 2 paragraphs above: 7 points on
11 April 1950, 1 point on 10 June 1953, 15 points for ADT on 14-28 June 1953, and 231 points for AD for 5 October 1950 through 25 May 1951; appear to be counted in the above table.

There is no record of duty or the applicant’s ORC status (active or inactive), provided or available, for the period 27 September 1945 through 30 June 1949, during which time the applicant contends that he served in the USAR. According to Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service), paragraphs 2-8 and 2-9, if the applicant was in an active ORC status, this period (3 years, 9 months, and 4 days) would be creditable as qualifying for retired pay at age 60. If he was in an inactive ORC status, the period would not be creditable as qualifying for retired pay.



In response to the applicant’s application for Federal Recognition and appointment as an officer in the ARNG, he was approved and so appointed an Artillery captain (CPT) in the ARNG on 1 June 1955. This is according to a certified photo copy of a “Work Sheet, Officer and Warrant Officer,” dated 27 May 1955, showing that Special Orders 101, paragraph 33, dated 27 May 1955, were issued to that effect. This work sheet also shows that the applicant was assigned in a vacant CPT position as an assistant operations-training S3 officer, Headquarters, 181 ^st (Armored) Field Artillery Battalion (155-mm), 30 ^th Armored Division Tennessee ARNG (TNARNG). This same information is also shown on a photo copy of NGB Form 3a, dated 5 October 1955.

The applicant submitted a photo copy of a Headquarters, 181 ^st Armored Field Artillery Battalion, TNARNG, Training Memorandum 11, dated 19 June 1955, that shows that he was scheduled for (artillery) firing on “20 June, pm,” at Camp Stewart, Georgia. He attached a note to the memorandum stating that he “can find no record of this order being given credit.”

A photo copy of a NGB Form 3a, dated 19 October 1955, shows that the applicant was assigned as a “Capt, Motor Off, Hq, 181 ^st Armd FA Bn” on
2 August 1955. A certified photo copy of a NGB Form 23 (National Guard Bureau Retirement Credits Record) shows that for the period 1 June 1955 though 31 May 1956, the applicant earned: 44 ARNG drill points, 15 membership points, and 15 points for active duty (AT) or ADT for the period 12-26 June 1955, for a total of 73 points. (The correct addition of points is 74 points.) This year is creditable for retired pay at age 60. It is noted that the credited AT/ADT period of 12-26 June 1955, covers the training date identified in the paragraph above. The NGB Form 23 shows zero points earned for the period 1-7 June 1956.

A photo copy of a NGB Form 3a, dated 22 June 1956, shows that the applicant was transferred to the “Inactive National Guard” on 7 June 1956. The applicant provides a photo copy of a DA Form 499 (Army Reserve Suspense Card), that shows, “Date of completion of 17 years service, Feb 1956.” A photo copy of a NGB Form 3a, dated 8 April 1959, shows that the applicant’s status in the Inactive National Guard was terminated on 28 February 1959, by an honorable discharge under the authority of Special Order 52, paragraph 22, “AG Tenn 1959,” by reason of “unable to participate in active ARNG tng.”

According to Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Records), a Reserve Component soldier must earn
50 retirement points in a 12 month period for the year to be creditable for retired pay at age 60.



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. Based on discharge documents provided by the applicant, he served on active duty from 8 December 1937 through 26 September 1945 (less 102 days time lost and 12 days break in service) for a total of 7 years, 5 months, and
25 days creditable for retired pay at age 60.

2. Of the time that the applicant contends that he was in the USAR,
27 September 1945 through 31 May 1955, only the period of 1 July 1949 through 30 June 1954, a period of 5 retirement years, is documented and retirement point records provided. However, only 2 of these years have enough retirement points (50 or more) to be counted as creditable for retired pay at age 60. The AD period of 5 October 1950 through 25 May 1951, is counted as part of one of these
2 creditable years. The period of 27 September 1945 through 30 June 1949 could be creditable for 3 years, 9 months, and 4 days, if the applicant was in an active ORC status. No document or evidence is available to show what the applicant’s status was during this period. The only supportable evidence, the NGB Form 3a, does not show what the applicant’s status was, active or inactive ORC, during this period.

3. For the time that the applicant was appointed an officer in the ARNG, 1 June 1955 through 28 February 1959, only the period of 1 June 1955 through 6 June 1956, is credited with retirement points as 1 year creditable for retired pay at age 60. On 7 June 1956, the applicant was transferred to the Inactive National Guard and then discharged on 28 February 1959. Time in the Inactive National Guard is not creditable for retired pay at age 60.

4. Considering the above, the applicant has 3 years in the USAR and ARNG and 7 years, 5 months, and 25 days active duty, for a total of 10 years, 5 months, and 25 days creditable for retired pay at age 60. He is not eligible for Reserve retirement or retired pay at age 60. If the documentation was available to support the applicant’s ORC status as active during the period of 27 September 1945 through 30 June 1949, to show that the period was creditable service, this would only add 3 years, 9 months, and 4 days to his total creditable service. This total of 14 years, 2 months, and 29 days would still be insufficient service to qualify for retired pay at age 60. The applicant also does not have 20 years active Federal service to be eligible for active duty retirement.

5. The 17 to 21 years service which applicant contends qualify him for retired pay, are not years creditable for retirement, but are the time in service used to calculate pay for active or USAR/ARNG duty.

6. No errors were found in the active or USAR/ARNG duty creditable service on the copies of the official forms provided by the applicant, with exception of the one addition error of 73 points instead of 74 points for the retirement year ending 31 May 1956. Correction of this error will not provide the effective relief the applicant requests. The service dates on the Federal Recognition and appointment application and on the related Statement of Service, are dates supplied by the applicant on those forms and are not supported by the other official documents provided.

7. 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.

NOTE : The Army Review Boards Agency Support Division, St. Louis will be requested to provide the applicant with a correction to his separation documents to reflect the following awards for which he is eligible based on his service and Army Regulation 600-8-22 (Military Awards): Bronze Star Medal, the Purple Heart, the European-African-Middle Eastern Campaign Medal with three bronze service stars, the American Defense Service Medal, and two awards of the Good Conduct Medal; and award him the World War II Victory Medal, and the Army of Occupation Medal with Germany clasp.

BOARD VOTE :

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__iw___ ___jm____ ___tl___ DENY APPLICATION




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

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INDEX

CASE ID	AR2001060808
SUFFIX
RECON
DATE BOARDED	20011218
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	135 – Reserve Service Credit
2.
3.
4.
5.
6.