RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 May 2005
      DOCKET NUMBER:  AR20040002729


      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. Robert J. McGowan             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 retirement or reinstatement to the Individual
Ready Reserve (IRR) in order to complete 18 months of qualifying service
for a non-regular retirement.

2.  The applicant states that she completed 18 years and 5 months of
qualifying service, most recently with the California Army National Guard
(CAARNG).  She was supposed to have been transferred to the US Army Reserve
IRR to earn the necessary retirement points through correspondence courses
to qualify for non-regular retirement.  Instead she was discharged from the
CAARNG and as a Reserve of the Army.

3.  The applicant provides:

      a.  A self-authored statement and two attachments.

      b.  Her Army National Guard (ARNG) Retirement Points History
Statement prepared on 13 February 2002 showing 18 years, 5 months, and 21
days of creditable service for retired pay.

      c.  Orders 282-1029, State of California, Office of the Adjutant
General, dated 9 October 2002, discharging her from the CAARNG.

      d.  NGB Form 22 with effective date of 1 October 2002.

CONSIDERATION OF EVIDENCE:

1.  With prior service in the US Naval Reserve and United States Navy, the
applicant joined the ARNG on 6 January 1989.  She remained in the Guard as
a unit member or in an active Guard (Title 32) status through 20 November
2000.  On 21 November 2000, she entered the Inactive National Guard (ING).
She remained in the ING until 1 October 2002.

2.  On 1 October 2002, she separated from the CAARNG due to work conflicts.
 She had 18 years, 5 months and 21 days of creditable service for retired
pay purposes.  She was supposed to have transferred to the USAR (IRR), but
due to administrative error, this did not occur.  Instead, she was
discharged from the ARNG and as a Reserve of the Army.

3.  In the processing of this case, an advisory opinion was obtained from
the Chief, Personnel Division, Headquarters, National Guard Bureau (NGB)
which recommends granting the applicant's request.  Essentially, it
confirms that she was to be transferred to the IRR to earn retirement
points through correspondence courses, and that she made numerous attempts
to accomplish that, but without success.  The applicant was provided a copy
of the opinion for comment, but did not respond.

4.  Army Regulation (AR) 135-178 (Enlisted Administrative Separations)
states that a Soldier having completed 18, but fewer than 20 years of
qualifying service for retired pay (10 USC 12732) will not be involuntarily
separated without the approval of the Secretary of the Army or his
designated representative.  All recommendations for involuntary separation
of soldiers in this category will be sent to Headquarters, Department of
the Army (HQDA) for consideration.  Cases involving voluntary separation at
the request of the Soldier need not be referred to HQDA for approval.

5.  National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management)
states that the Chief, NGB is the separation authority for Soldiers with
18, but fewer than 20 years of qualifying service for retired pay, and that
separation board action must be taken for all Soldiers with more than 18
years of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was improperly separated from the CAARNG.  She did not
voluntarily separate intending to sacrifice 18 1/2 years of creditable
service; she intended to serve in the IRR for the necessary points to
complete 1 1/2 years for retirement.

2.  The Chief of Personnel Division, NGB has stated that the applicant was
improperly separated and denied various rights afforded to Soldiers who
pass the 18-year mark.  In an advisory opinion, the Personnel Division
recommends either retiring the applicant or allowing her to transfer to the
IRR to earn her retirement points via correspondence coursework.

3.  The applicant, through administrative error, has suffered an injustice.
 In view of the circumstances of this case, it would be appropriate to
correct her records to show that she has earned the necessary points for
retirement, transfer her to the Retired Reserve, and issue to her a 20-year
letter.

BOARD VOTE:

__rjw___  __bje___  __lmd___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

      a.  Revoking her 1 October 2002 discharge from the CAARNG and US Army
Reserve;

      b.  Showing that she was released from the ING on 5 January 2001 and
transferred to her CAARNG unit.

      c.  Showing that she participated in her unit for retirement years
010105-020104 and 020105-030104 with excess retirement points redistributed
from her prior years of service in the Army National Guard so as to ensure
a minimum of 50 points for each of the above years.

      d.  Discharging her from the CAARNG and transferring her to the USAR
Retired Reserve effective 5 January 2003.

      e.  Issuing her a 20-year letter certifying her eligibility for
retired pay at age 60, to include election of Survivor Benefit Plan and any
other benefit to which she may be entitled; and

      f.  Issuing her a corrected Retirement Points History Statement and a
corrected NGB Form 22E (Report of Separation and Record of Service).



                                        Raymond J. Wagner
                                  ______________________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040002729                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050519                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |136.300                                 |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]