RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           10 February 2005
      DOCKET NUMBER:  AR20040003610


      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. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred N. Eichorn               |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Ms. Laverne V. Berry              |     |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, in effect, that his records be corrected to
show he had an additional 4 years, 1 month, and 1 day of qualifying
service, giving him a total of 20 qualifying years of service for a Reserve
retirement.

2.  The applicant states that he was a member of the 428th Civil Affairs
Company in Bangor, Maine from 1961 to 1964.  He attended every weekend
drill.  The unit did not send their records to the National Personnel
Records Center so there is no proof that he did the weekend drills.

3.  The applicant states that, when he retired in 1985, he fully expected
to receive his 20-year letter (notification of eligibility to receive
retired pay at age 60) because he believed he had completed 20 "good" years
of service.  In 1985, he had received his Official Military Personnel File
in microfiche.  The Group Commander for the 240th Engineer Group, Maine
Army National Guard (MEARNG) signed orders showing service with the Reserve
and ARNG from      18 February 1961 through 3 April 1967.

4.  The applicant states that, in 1995, he received a letter and a phone
call from the MEARNG stating there was some confusion due to the fact his
years with the 428th Civil Affairs Company, a Reserve unit, was unverified.
 He was informed the missing USAR retirement data was unobtainable and it
was advised he join the USAR or ARNG to earn the required years.  However,
that was out of the question due to health problems.

5.  The applicant states he tried to verify his assignment to the unit.  He
attempted to contact fellow unit members but several were deceased.  One
officer found an order dated 11 July 1961 with the applicant's name on it
attesting to the fact he was awarded the Marksman Marksmanship
Qualification Badge but no other evidence was found.  The applicant tried
to get his tax records but was informed returns prior to 1990 had been
destroyed.  The Social Security Administration had no record of earnings
for the years 1962, 1963, and 1964.  The USAR Armory in Bangor, Maine could
not find any trace of files from the 428th Civil Affairs Company.

6.  The applicant provides a DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) for the period ending 17 February 1961; an
NGB Form 22 (Report of Separation and Record of Service) for the period
ending 25 April 1966; a Statement of Service dated 24 June 1968; a letter
from the MEARNG dated 19 July 1994; a DA Form 1506 (Statement of Service –
for Computation of Length of Service for Pay Purposes) dated 19 July 1994;
a letter from the MEARNG dated 24 February 1995; and a Statement of
Retirement Points dated 1 September 2001.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred in 1964.  The application submitted in this case is dated 17
June 2004.

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 enlisted in the Regular Army on 18 February 1958 and was
transferred to the USAR on 17 February 1961 upon his expiration term of
service.

4.  Headquarters, XIII U. S. Army Corps, Fort Devens, MA Special Orders
Number 125 dated 23 June 1961 relieved the applicant from assignment to
Control Group (Reinforcement) and assigned him to the 428th Civil Affairs
Company, Bangor, ME.  The effective date is not listed.

5.  The Statement of Service dated 24 June 1968 shows the applicant had
active duty for training from 29 July through 12 August 1961.

6.  In an undated note to the Commander, 428th Civil Affairs Company, the
applicant requested transfer from the unit to a control group due to his
being accepted for admission at Maine Central Institute commencing 9
September 1961.

7.  Headquarters, XIII U. S. Army Corps, Fort Devens, MA Special Orders
Number 221 dated 26 October 1961 relieved the applicant from assignment to
the 428th Civil Affairs Company and assigned him to the Control Group
(Reinforcement) effective 29 September 1961.

8.  Headquarters, XIII U. S. Army Corps, Fort Devens, MA Special Orders
Number 55 dated 12 March 1963 relieved the applicant from assignment to
Control Group (Reinforcement) and assigned him to Control Group (Standby).

9.  Letter Orders from the Office of the Adjutant General, U. S. Army
Records Center dated 31 January 1964 show the applicant was discharged from
the USAR (Standby) effective 31 January 1964.

10.  On 22 March 1965, the applicant enlisted in the MEARNG.  He was
discharged on 25 April 1966 to accept appointment as a warrant officer.  He
  was commissioned in the ARNG on 23 July 1967.  He was promoted to captain
25 November 1975.

11.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows
that on or about 22 September 1978 he separated from the MEARNG and
transferred to the USAR (Reinforcement).  At that time, he had completed 16
years of qualifying service for a Reserve retirement.

12.  Item 38 (Record of Assignments) of the applicant's DA Form 2-1 shows
   he had USAR service not on active duty from 18 February 1961 through
       17 February 1964.  He signed this form on 15 September 1977.

13.  Army Regulation 140-185 (Training and Retirement Point Credits and
Unit Level Strength Accounting Records) states, in pertinent part, that
annual or terminal statements of retirement points give a permanent record
of the total retirement points a Soldier earns during a retirement year.
They tell the Soldier whether he or she earned sufficient points to be
credited with a qualifying period for retired pay and also give the Soldier
an opportunity to request correction of errors in the statement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been considered; however, the evidence
of record shows that he transferred out of the 428th Civil Affairs Company,
after being assigned to it for approximately 3 months, at his own request.

2.  In addition, the applicant should have been receiving statements of
retirement points on an annual basis.  If those reassignment orders had
been incorrect and he had continued to drill with the unit, he should have
caught the error in his statement of retirement points by 1964.  Also, he
signed his DA Form 2-1 in 1977 that indicated his service in the USAR from
1961 to 1964 did not include active duty (although that entry appears to
have contained a minor error as the evidence of record shows he performed
active duty for training in 1961).

3.  While the evidence of record shows the applicant served in the USAR
from 1961 until 1964, most of that service was in a Control Group.  There
is insufficient evidence of record to show he earned an additional 4 years,
1 month, and 1 day of qualifying service or that he completed 20 years of
qualifying service for a Reserve retirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration in 1964, when he contends he left the
428th Civil Affairs Company; therefore, the time for the applicant to file
a request for correction of any error or injustice expired in 1967.
However, the applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__fne___  __jrs___  __lvb___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            __Fred N. Eichorn_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003610                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050210                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |135.02                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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