RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 September 2004
      DOCKET NUMBER:   AR20040001320


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Luther L. Santiful            |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Ms. Marla J. N. Troup             |     |Member               |

      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, the daughter of a former service member (FSM) requests
reconsideration of a previous request to correct her father's records to
show that he completed 20 years of qualifying service and that he is
entitled to retired pay effective the date of his 60th birthday.

2.  The applicant states, in effect, the FSM's records do not accurately
reflect the number of retirement points that he received during the period
of 1 July 1960 through 30 June 1965.

3.  The applicant provides a copy of the FSM's DA Form 67-5 (US Army
Officer Efficiency Report) for the period 11 October 1964 through 24
October 1964;
Headquarters XIV US Army Corps Orders Number LO USAR 4085, dated 5 October
1964; Form SSA-654-U4 (Certification by Uniformed Services; Headquarters
XIV US Army Corps Orders Number LO USAR T-09-3660, dated 4 September 1964;
DA Form 66 (Officer Qualification Brief); DA 1058 (Application for Active
Duty Training); Headquarters, Department of the Army Number LO USAR 10-
192136, dated 31 October 1966; Headquarters XIV US Army Corps Orders Number
01039411; a 31 January 1963 memorandum from the Headquarters Fifth United
States Army; a DD Form 108 (Application for Retired Pay Benefits), dated 29
November 1979; and a copy of Docket Number AC 81-02559.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number AC
81-02559 on 15 April 1981.

2.  The FSM was born on 29 March 1919.  The FSM was inducted into the U.S.
Army on 6 June 1941.  He served as an enlisted soldier until his
appointment as a second lieutenant on 17 April 1943.

3.  The FSM was honorably separated and transferred to the retired reserves
on 30 September 1967.

4.  Records show that upon reaching age 60, in 1979, the FSM applied for
retirement pay under the provisions of section 1331-1337 of Title 10 United
States Code.
5.  On 9 July 2004, the supervisor of the Transition and Separations Branch
of the U.S. Army Human Resources Command reviewed the FSM's entire service
record.

6.  The supervisor stated that the review resulted in a few "minor" changes
to the many previous statements of service issued to the FSM.  The
supervisor continued that the corrected copy resulted in the FSM's records
showing that he received 18 qualifying years of service for retirement
purposes.

7.  The supervisor continued that section 1223 of Title 10 of the United
States Codes requires that the soldier complete 20 qualifying years of
service for retirement and that since the FSM had only completed 18 years
of qualifying service he is not eligible for retirement.

8.  The supervisor concluded by stating that the FSM was placed in the
Retired Reserve as a major and there is no documentation that the FSM was
considered by a promotion board to lieutenant colonel, selected by a
promotion board to lieutenant colonel or promoted to lieutenant colonel.

9.  On 27 July 2004, the applicant was forwarded a copy of the advisory
opinion furnished by the supervisor of the Transition and Separations
Branch of the U.S. Army Human Resources Command for review and rebuttal.

10.  In an undated two-page memorandum the applicant responded to the
advisory opinion.

11.  The applicant stated that she provided additional information that
confirms that the FSM had other years of creditable service for retirement.

12.  The applicant specifically stated that the service year 1955 should be
changed to show a total of 53 points and that the service year 1961 should
be changed to a show a total of 54 points.

13.  The applicant continued that the service year 1963 should be adjusted
by adding 15 points for the FSM serving on active duty for the period 15
June 1963 through 29 June 1963.

14.  The applicant stated that the FSM was promoted to the rank of
lieutenant colonel and that she has requested a "replacement commission
document."  The applicant concluded that since she did not have the
documentation available, she did not want this issue to hold up the FSM's
retirement.

15.  In rebuttal to the Human Resources Command advisory opinion, the
applicant provided a copy of a Request for Transcript of Payments; a copy
of the first page of an undated DA Form 1301 (Army Reserve Officer
Evaluation Report); a copy of a DA Form 1301, dated 3 August 1960; a 2
March 1961 application for enrollment in Army extension course; a 6 April
1961 extension course information sheet; a DD Form 220 (Active Duty
Report), dated 2 July 1963; a DA Form 67-5 (US Army Officer Efficiency
Report), dated 30 July 1963; and a DA Form 67-5, dated 26 January 1965.

16.  Sections 12731 through 12739 of Title 10 of United States Code
authorize retired pay for Reserve Component military service.  Under this
law, a Reserve soldier must complete a minimum of 20 qualifying years of
service to be eligible for retired pay at age 60.  After 1 July 1949, a
qualifying year is one in which the Reserve soldier earned at least 50
retirement points.

17.  The term “good years” is an unofficial term used to mean years in
which 50 or more retirement points are earned during each year, and which
count as qualifying years of service for retirement benefits at age 60.

18.  Title 10 United States Code, Section 12646 governs retention of
commissioned officers after completing 18 or more, but less than 20, years
of service.   Section 12646(a) essentially states that if on the date
prescribed for the discharge or transfer from an active status of a reserve
commissioned officer he is entitled to be credited with at least 18, but
less than 19, years of service computed under section 12732 of this title,
he may not be discharged or transferred from an active status without his
consent before the earlier of the following dates: the date on which he is
entitled to be credited with 20 years of service computed under section
12732 of this title; or the third anniversary of the date on which he would
otherwise be discharged or transferred from an active status.

19.  Army Regulation 135-180 states in paragraph 2-3, that a 20-year letter
will be issued to the Reserve Component soldier within 1 year after they
complete 20 years of qualifying service for retirement.  This letter will
be issued by the Chief, National Guard Bureau for ARNG soldiers, and the
Commander, Army Reserve Personnel Command (AR-PERSCOM) for USAR soldiers.
The letter, once issued, may not be withdrawn or revoked.  The soldier may
voluntarily elect to transfer to the Retired Reserve or be discharged from
the Army.




DISCUSSION AND CONCLUSIONS:

1.  At the time of the FSM's separation from an active status in the United
States Army Reserve, records showed that he completed over 26 years of
reserve and active duty service, but he had less than 18 years of
qualifying service accounted for on his Chronological Record of Military
Service.

2.  Officials from the Transition and Separations Branch of the U.S. Army
Human Resources Command audited the FSM's Chronological Record of Military
Service.

3.  Based on the results of the audit, the FSM's Chronological Record of
Military Service was amended to show that he had completed 18 years and 25
days of qualifying service for retirement.

4.  If the FSM's retirement data had correctly shown completion of over
18 years of qualifying service at the time of his separation, he would have
been allowed to serve up to an additional three years of Reserve service in
order to obtain the two qualifying years needed to be eligible for
retirement at age 60.

5.  The applicant requested, in her rebuttal to the Human Resources Command
advisory opinion, that her father's records be corrected by adding
additional retirement points to his retirement points statement.

6.  However, the Chronological Record of Military Service, dated 30 June
2004, which is currently in the FSM's records contains all of the
retirement points that the applicant requested be added to the FSM's
records.

7.  Records show that, while the FSM was serving in the United States Army
Reserve, he received at least 50 retirement points for each year with the
exception of the retirement year ending on 30 June 1955, the retirement
year ending on 30 June 1961, and the retirement year ending on 30 June
1963.

8.  Records further show that the retirement year ending on 30 June 1961
was not a qualifying year because he only earned 39 points for this period.

9.  Records show that the retirement year ending on 30 June 1963 was not a
qualifying year because he only earned 30 points and not the 50 points
needed for retirement purposes.

10.  The Transition and Separation Branch opined that the FSM had not
completed 20 qualifying years and therefore was not eligible for retirement
at age 60.

11.  However, based on the audit performed by the Transition and
Separations Branch, the FSM's records were amended to show that he had
completed over 18 years but less than 20 years of qualifying service for
retirement at age 60.

12.  Therefore, the FSM would have been entitled to three additional years
of Reserve service in order to obtain the two years needed for completion
of 20 qualifying years for retirement at age 60.

13.  Based on the evidence of record and in the interest of equity, the
FSM's records should be corrected to show that he completed 20 years of
qualifying service for retirement purposes.

14.  The applicant contends that the FSM was promoted to the rank of
lieutenant colonel.  There is no evidence in the FSM's service personnel
records and the applicant has not provided any evidence which supports this
contention.

BOARD VOTE:

__LLS___  __JTM__  __MJNT__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant amendment of the ABCMR’s decision in Docket Number AC 81-02559 on
15 April 1981.  As a result, the Board recommends that all Department of
the Army records of the individual concerned be corrected by:

      a.  redistributing 11 inactive duty points from the retirement year
ending 30 June 1960 to the retirement year ending 30 June 1961, thereby
giving the individual concerned the minimum 50 points required for a
qualifying year of service for Non-Regular Retirement at age 60;
      b.  redistributing 20 inactive duty points from the retirement year
ending 30 June 1962 to the retirement year ending 30 June 1963, thereby
giving the individual concerned the minimum 50 points required for a
qualifying year of service for Non-Regular Retirement at age 60;


      c.  issuing him a Certificate of Eligibility showing that he completed
20 years of qualifying service for non-regular retired pay at age 60 and;


      d.  that the Defense Finance and Accounting Service pay the individual
concerned all back pay and allowances to which he is entitled from the date
he reached age 60 and;


      e.  that the Human Resources Command-St. Louis process the FSM for
retirement benefits to which he is entitled.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the request for promotion to lieutenant colonel.




            Mr. Luther L. Santiful___
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040001320                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |                                        |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |136.0200.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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