RECORD OF PROCEEDINGS


      IN THE CASE OF:

      BOARD DATE:        10 November 2005
      DOCKET NUMBER:  AR20040007052


      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             |
|     |Ms. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, adjustment to his mandatory removal
date (MRD) from an active status to allow for completion of 20 qualifying
years of service for retirement.  He requests that his appointment date be
changed to
22 March 1997 or earlier.

2.  The applicant states that the current appointment date of 2 May 1997
and his mandatory retirement date of 30 March 2012 results in him being 33
days short of attaining 20 years service for retirement.  When he initially
joined the Army Reserve, he agreed with the understanding that he would be
allowed to serve 20 years and earn a retirement.  An "age for retirement
waiver" was obtained.  His application for appointment began in June 1996,
allowing time for the process to be completed.  Because of delays involved,
including his recruiter's schedule, he was not sworn in until after his
birthday in 1997.  When talking with Army personnel in St. Louis about his
promotion he was advised that he would not able to complete his 20 years
before retirement.  If he cannot earn his 20 years retirement pension, it
probably makes no sense to stay in the Army Reserve.  He has been activated
twice for a total of 10 months service in the past 3 years.  In the current
environment, he would expect to be activated 2 or perhaps 3 more times in
the next 8 years.  To serve this often and be forced to retire 33 days
before 20 years of service seems wrong both on moral as well as financial
grounds.  Therefore, he is asking for a modification that will allow him to
complete 20 years.

3.  The applicant provides copies of his DA Form 61 (Application for
Appointment), his appointment memorandum and oath of office, and his
Chronological Statement of Retirement Points.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that his date of birth is 22
March 1945.

2.  He was appointed in the Reserve, Medical Corps, as a major effective
2 May 1997, with 18 years and 1 month constructive service credit, with
prior United States Air Force commissioned service.  He was appointed at
age 52 with an age for retirement waiver.

3.  He was promoted to lieutenant colonel effective 20 January 2000 and to
colonel effective 18 November 2003.

4.  His Chronological Statement of Retirement Points dated 29 August 2004
shows that as of 1 May 2004 he was credited with 12 qualifying years for
retirement.

5.  His established MRD is 30 March 2012.  He is projected to complete 20
qualifying years of service on 1 May 2012.  He will reach age 68 on
22 March 2013.

6.  Title 10, United States Code, section 3855(c)(1)(2) (Retention in
active status of certain officers), specifies that  Medical Corps officers
may not be retained in an active status later than the date on which the
officer becomes 68 years of age. The Secretary of the Army may retain
Medical Corps officers in an active status after the date on which the
officers becomes 68 years of age if the Secretary determines that continued
retention is necessary for the needs of the Army.

7.  Army Regulation 140-10, then in effect, provides, with some exception,
for separation of Reserve officers for maximum age and/or service.  This
regulation specifies that officers having 18 or 19 years of qualifying
Federal service for retired pay will not be removed without their consent.
Officers who meet this criteria on the date removal is required will be
retained to complete 20 years.  Retention is authorized until the earlier
of these dates:  (1) the date on which 20 years of qualifying Federal
service for retired pay is completed or (2) 2 years from the required
removal date for officers having at least 19 but less than 20 years of
qualifying service.  The regulation also specifies that Army Medical
Department officers may be extended to age 68.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant relied on the
information provided at the time he was recruited and appointed, with an
“age for retirement waiver”, that he would be allowed to complete 20
qualifying years of service for retirement.

2.  It is noted that his established MRD is 30 March 2012; however, he will
not have completed 20 qualifying years on this date.  It is projected that
he will complete 20 qualifying years on 1 May 2012.  Therefore, as a matter
of equity, the applicant's established MRD should be extended for
continuance in an active Reserve status.

3.  The applicant is advised that his MRD will not be further extended
beyond 31 May 2012 (the end of the month it is projected he will complete
20 qualifying years).  It is imperative that he satisfactorily participate
and ensure that each retirement year, from the present through 1 May 2012,
is a qualifying year of
service for retirement purposes.  If he fails to complete a qualifying year
for completion of 20 qualifying years of service for retirement, his MRD
will not be further extended.

4.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_MKP___  _LDS____  __MJF__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by extending his established mandatory removal date
to 31 May 2012 to allow for completion of 20 qualifying years of service
for retirement.

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
adjustment of his appointment date to 22 March 1997 or earlier.


                                  ___    M. K. Patterson _____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007052                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |                                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |136.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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