RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 August 2005
      DOCKET NUMBER:   AR20040009844


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Edmund P. Mercanti            |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Ms. Marla J. N. Troup             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be allowed to join a Reinforcement
Training Unit (RTU) and permitted to earn additional retirement points.  He
also requests that he be awarded the proper number of retirement points for
his extension courses.

2.  The applicant states that he was never told that he could request
assignment to an RTU in order to earn sufficient retirement points to
qualify for retired pay at age 60.  He also details the number of
retirement points he believes he should have been awarded for his extension
schools, and compares those amounts to the number of retirement points he
was actually credited for those years.

3.  The applicant provides excerpts from his military records and
certificates showing completion of extension courses.

4.  The extension course statements provided by the applicant show that he
was awarded 41 retirement points for extension courses for Retirement Year
Ending (RYE) 1979.  He also submits sub course completion statements for
RYE 1984 and 1985 which show credit hours completed, but not retirement
points awarded.


CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned on 3 June 1967, entered active duty on
24 September 1967, was awarded the Area of Concentration of tank unit
commander, and was promoted to first lieutenant.  He was honorably released
from active duty on 10 September 1969 to attend school, and was then
transferred to the US Army Reserve (USAR) Control Group (Annual Training).

2.  The applicant was transferred from the USAR Control Group
(Reinforcement) to the Retired Reserve as a major on 23 December 1987 due
to his failure to be selected for promotion to lieutenant colonel.

3.  The applicant’s Chronological Statement of Retirement Points, ARPC Form
249-2-E, shows that he was credited with qualifying years of service for
his RYE 2 June 1968, 1969 and 1970 based on his active service.

4.  He was only awarded 15 membership points for RYE 1971.  He was awarded
qualifying years of service for RYE 1972 through RYE 1977.  He earned 1
inactive duty for training (IDT) point, 14 extension course points, 15
membership points and 12 active duty points for RYE 1978, which was
insufficient to qualify that year for retired pay.  He was awarded
qualifying years of service for RYE 1979 through 1982.

5.  For RYE 1983, he was only awarded 15 membership points and 13 active
duty points, which was insufficient to qualify that year for retired pay.
He was awarded qualifying years of service for RYE 1984 through 1986.  He
only earned 15 membership points for RYE 1987, and 8 membership points for
RYE 1988.  This gives the applicant a total of 16 years of qualifying
service for retired pay at age 60.

6.  Army Regulation 140-185, Table 2-1, Award of IDT retirement points,
Note 1, states that for instruction received in self-paced and/or
programmed text lessons, a student will be awarded one retirement point for
each successfully completed 3 academic hours, or portions thereof.
Academic credit hours for each lesson, sub course, etc, will be as stated
in Army Service School publications or as determined by the USARF School in
direct coordination with the respective Army Service School.

7.  Army Regulation 140-10, paragraph 7-4, requires that officers who are
twice considered for promotion but not selected for promotion be removed
from an active status.  Paragraph 6-4d states that Retired Reserve Soldiers
who were removed from an active status by operation of law and whose
transfer to the Ready Reserve would result in their immediate removal by
operation of law are ineligible to transfer to the Ready Reserve.

8.  Army Regulation 140-1 provides guidance for the establishment and
operation of RTUs.  The RTU’s primary function is to train non-unit
Individual Ready Reserve (IRR) and Individual Mobilization Augmentee (IMA)
soldiers.  Personnel attached to RTUs take part in voluntary non-pay
training.

9.  Army Regulation 140-185, Training and Retirement Point Credits and Unit
Level Strength Accounting Records, provides guidance for awarding
retirement points and establishing RYE dates.  Paragraph 1-4 provides that
when a service member initially enters active duty in the Regular Army and
is then transferred to a reserve component, his or her RYE is established
as the date of the transfer.

10.  Title 10, United States Code, chapter 67, sections 1331 through 1337
authorizes retired pay benefits to members and former members of the
Reserve components who have completed a minimum of 20 years qualifying
service and attained the age of 60.  While a qualifying year is determined
to be a year in which a minimum of 50 retirement points have been credited
for a reservist, it is a full year (365 or 366 days, as applicable) for a
member of the Regular Army.
11.  In the processing of this case an advisory opinion was obtained from
the 90th Regional Support Command (RSC).  The 90th RSC stated that the
applicant’s retirement points were recalculated and the retirement points
which he was entitled based on the documents he submitted have already been
credited to him.

12  The applicant was provided a copy of this advisory opinion and opted to
submit a response.  In that response he stated that everyone involved with
his case has “missed the point.”  He has too many points in some years and
not enough in other years.  He contends that the biggest “wrong” is that
nobody told him that he could earn additional retirement points until he
was 59 years old.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that he be allowed to join an RTU and permitted
to earn additional retirement points.  He also requests that he be awarded
the proper number of retirement points for his extension courses.

2.  The applicant was removed from an active status as an operation of law
due to his failure to be selected for promotion to lieutenant colonel after
two considerations.  As such, he could not and cannot be assigned to an
RTU.

3.  As for the award of additional retirement points to qualify currently
non-qualifying years for retired pay, the applicant submitted documents
which show that he completed sub-courses in RYEs 1979, 1984 and 1985.
However, all three of those years are already qualifying for retired pay
and the applicant was awarded retirement points for his extension courses
for those years.

4.  There are no provisions in Army Regulations to transfer retirement
points properly credited during one RYE to another RYE.

5.  It would appear that the applicant may erroneously believe that a
Reservist is awarded one retirement point for every credit hour completed.
This would account for the applicant’s belief that he was not awarded the
proper number of retirement points for these extension courses.

6.  As such, there is no evidence or indication that the applicant’s
retirement points are improperly calculated or that he should have
additional years credited as qualifying for retired pay.

7.  When the applicant was removed from an active status based on his
failure to be selected for promotion, he was precluded from returning to an
active status as a commissioned officer.  If the applicant wanted to
qualify for retired pay at age 60, his only option would be to enlist.  He
certainly had sufficient time remaining before he turned age 60 to qualify
for retired pay if he had opted to enlist.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___kan __  ____wdp  ____mt__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            ________Kathkleen A. Newman________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040009844                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050823                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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