RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           27 JULY 2004
      DOCKET NUMBER:  AR2004100977


      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. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Eloise Prendergast            |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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.  In effect, the applicant requests that his record be corrected to show
that he has 20 qualifying years of service for retired pay at age 60.

2.  The applicant states that he served on active duty for 14 years and is
a Vietnam veteran.  After his discharge from active duty, he enlisted in
the Army Reserve, waiving his VA (Department of Veterans Affairs)
compensation for high blood pressure.  He has spent 24 years serving his
country.

3.  The applicant provides copies of certificates of training, documents
reflecting his awards, his 13 December 1991 Honorable Discharge
Certificate, a copy of his chronological record of military service, copies
of documents relating to his discharge from the Army Reserve because of his
medical condition, copies of reenlistment documents, notices of extension
subcourse completions, evaluation reports, a partial copy of his personnel
qualification record, and a certificate of appreciation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 13 December 1991.  The application submitted in this case
is dated 15 November 2003.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was born on 14 December 1943, making him 60 years old as
of 14 December of last year.  The pertinent document in this case is a 23
February 1996 chronological record of military service, which shows that he
had 21 years, 1 month, and 2 days of qualifying service for retirement, but
only the last 7 qualifying years as a member of the Army Reserve.

4.  The applicant entered on active duty on 1 August 1961 and served
continuously until his discharge in the rank of sergeant on 31 July 1969.
He reenlisted for three years on 27 April 1971 and served until he was
discharged on 28 May 1977 as a result of his bar to reenlistment under the
Army Qualitative Management Program.  His active duty service included two
tours of duty in Korea, a tour of duty in Germany, and a tour of duty in
Vietnam.

5.  On 21 November 1981 he enlisted in the Army Reserve for three years.
He reenlisted in the Army Reserve for six years on 14 October 1984.  He was
promoted to staff sergeant on 1 March 1986.  On 14 October 1990 he
reenlisted in the Army Reserve for four years.

6.  In an 18 May 1988 document, the applicant's commanding officer,
commenting on an apparent request from the applicant for transfer to the
control group, stated that the applicant was a postal employee in civilian
life and that during the past year he had declined promotion to supervisor
because the position required him to work each Saturday.  He stated that
following completion of his twentieth year of service for retirement
purposes, the applicant requested that he be allowed to transfer to the
Individual Ready Reserve in order to accept a promotion in the postal
service, and that following receipt of his "20 year" letter, the applicant
planned to request transfer to the Retired Reserve.

7.  On 7 June 1988 orders were published assigning the applicant to the
Army Reserve Control Group (Reinforcement) because of an employment
conflict.

8.  On 6 March 1991 the Chief of the Physical Evaluation Branch at the Army
Reserve Personnel Center informed the applicant that a review of his
medical records revealed that he did not meet the standards for retention
in the Army Reserve, and that he had to elect discharge from the Army
Reserve, transfer to the Retired Reserve, or request a waiver for
retention.

9.  On 10 June 1991 the Army Reserve Personnel Center informed the
applicant that his request for waiver for retention in the Army Reserve had
been denied and that his case had been forwarded to the appropriate office
for processing of his discharge.

10.  On 11 December 1991 the Army Reserve Personnel Center published orders
discharging the applicant from the Ready Reserve (Individual Mobilization
Augmentee Control Group) effective on 13 December 1991.

11.  The applicant's chronological record of military service shows that he
had seven qualifying ("good") years of service from the date that he
enlisted in the Army Reserve until his retirement year ending date of 20
November 1988.
The applicant did not have a qualifying year of service for retirement
purposes after his retirement year beginning date of 21 November 1988,
earning 28 points for the retirement year ending on 20 November 1989, and
only 15 membership points for each of the subsequent two retirement years
prior to his discharge.
12.  Army Regulation 140-185 prescribes the types of training and
activities for which retirement points are authorized and the procedures
for recording retirement point credits and training for Reserve Soldiers.
Paragraph 1-4 of that regulation provides the criteria for establishing or
changing the retirement year (RY), and states, in effect, that soldiers in
an active Reserve status on 1 July 1949 will have a retirement year from 1
July through 30 June annually.  After      1 July 1949, the retirement year
will be the date of initial entry or reentry (after a break in service)
into a Reserve Component, or date of transfer to the Reserve Component upon
release from active duty, or date of transfer from an inactive Reserve
status to an active Reserve status.  The retirement year once established
will not change as long as the soldier has continuous service in a Reserve
and/or regular component.

13.  That regulation states that the maximum number of points which may be
credited to a Soldier during a retirement year are 60 for inactive duty for
training (IDT) and membership points; however, annual or terminal statement
of retirement points will report all points earned.

14.  Army Regulation 135-180 implements statutory authorities governing the
granting of retired pay to soldiers and former Reserve Component Soldiers.
Paragraph 2-1 of that regulation states, in pertinent part, that to be
eligible for retired pay, an individual need not have a military status at
the time of application, but must have attained age 60, completed a minimum
of 20 years of qualifying service, and served the last 8 years of his
qualifying service as a Reserve Component Soldier.  A Reservist must earn a
minimum of 50 retirement points each retirement year to have that year
credited as qualifying service.  When a person is in an active status for a
period less than a full retirement year, a minimum number of retirement
points are required to be earned in order to have that period credited as
qualifying service.

15.  All Reserve Component Soldiers who complete the required years of
service to become eligible for retired pay at age 60 will receive a 20-year
letter as their written notification of that eligibility.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant had more than 20 years of qualifying service as
indicated by his chronological record of military service, the last 8 years
of qualifying service was not as a Reserve Component Soldier, a statutory
requirement in order to be eligible for Reserve retired pay.

2.  The evidence indicates, however, that the applicant requested transfer
to the Army Reserve Control Group sometime in the spring of 1988, under the
assumption that he did have 20 qualifying years of service for Reserve
retired pay, albeit he had not received his "20-year" letter so signifying.
 His commanding officer seemed to think that he had the 20 qualifying
years, and implied that the applicant had not earlier requested transfer to
the Control Group, in fact declining a promotion in his civilian job, in
order to ensure that was eligible for Retired pay at age 60 prior to any
reassignment.

3.  There is no error or injustice in the applicant's case; however, as a
matter of equity and in all fairness to the applicant, it would be
appropriate to correct his record to show that he did have 20 qualifying
years of service for Reserve retired pay at age 60.

4.  In order to do so, an adjustment of the applicant's retirement points
as reflected on his chronological record of military service is necessary
in order to show the last 8 years of his qualifying service as a Reserve
Component Soldier.  His retirement year ending date of 20 November 1986
shows that he earned     68 inactive duty points (IDT) for that year.
Twenty-two of those points should be transferred to his retirement year
ending date of 20 November 1989, giving him 50 points for that retirement
year, and consequently, showing the last 8 years of his qualifying service
as a Reserve Component Soldier.

5.  Consequently, the applicant is entitled to Reserve retired pay
retroactive to    14 December 2003, the date that he reached age 60.

BOARD VOTE:

___MM__  ___TO __  ___EP __  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

      a.  transferring 22 points from the 68 IDT points that he earned for
his retirement year ending date of 20 November 1986 to his retirement year
ending date of 20 November 1989, giving him 50 points for that retirement
year and thereby showing the last 8 years of his qualifying service as a
Reserve Component Soldier; and


      b.  paying the applicant Reserve retired pay retroactive to the date
that he reached age 60.




            _____Melvin Meyer_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100977                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040727                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |136.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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