RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 JULY 2005
      DOCKET NUMBER:  AR20040009334


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Leonard Hassell               |     |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 her records be corrected so she
can receive her “letter for retirement.”

2.  The applicant states that she served “with the US Army Reserve System
after discharge from Active Duty until 8 August 1985.”  She states that
“totals 20 years.” She states that her 12 November 1993 Chronological
Statement of Retirement Points shows a total of 22 years, 2 months, and 3
days, but it shows “non qualifying years.”

3.  She noted that when she enlisted in the US Army Reserve her recruiter
told her since her enlistment date was the same as her active duty date she
would “receive credit for the six (6) years….”

4.  The applicant states that she was an “active Reserve and enlisted
during this time” but “due to paper work being misfiled” she cannot receive
her “letter for retirement.”  She states all the years that she put in are
worth nothing and she is getting “screwed” from benefits.  She states she
feels she has earned the “ID Card of Retired Armed Forces.”

5.  The applicant provides a copy of her November 1993 statement of
retirement points.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 August 1987.  The application submitted in this case is
dated
22 October 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 limitations 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.  Records available to the Board indicate that the applicant enlisted in
the Women’s Army Corps and entered active duty on 9 August 1965 for a
period of 3 years.

4.  The Universal Military Training and Service Act, as amended by the
Reserve Forces Act of 1955, in effect at the time of the applicant’s
enlistment, provided that only males incurred the 6 year statutory service
obligation under those laws.

5.  On 28 July 1967 the applicant, at her request, was honorably discharged
as a result of pregnancy.  Her separation document specifically notes that
she was not transferred to a Reserve component and that she had no
Universal Military Training and Service Act obligation.

6.  On 11 August 1973 the applicant reenlisted in the United States Army
Reserve.  She remained a member of the United States Army Reserve until she
was honorably discharged on 5 August 1987.

7.  According to the November 1993 Statement of Retirement Points, the
applicant had accumulated 4 years, 11 months, and 20 days of qualifying
service for retirement purposes, although she was credited with 22 years, 2
months, and 3 days, of total service for longevity pay purposes.  Her 4
years, 11 months, and 20 days included her 1 year, 11 months, and 20 days
of active Federal service and her United States Army Reserve service based
on her RYE (retirement year ending) in 1974, 1976, and 1979.

8.  In May 2005 the applicant’s Statement of Retirement Points was
corrected by officials at the United States Army Human Resources Command in
St. Louis, Missouri to show that, in addition to her 1 year, 11 months, and
20 days of active Federal Service, she had qualifying years of service for
retirement purposes for her RYE in 1974, and in RYE 1976 through 1981, for
a total of 8 years, 11 months, and 20 days.  Between 1981 and 1987, when
the applicant was honorably discharged from the United States Army Reserve
she acquired no more qualifying years of service for retirement purposes.

9.  A copy of the new statement was provided to the applicant for comment,
but to date she has not responded.

10.  Army Regulation 135-180 implements statutory authorities (Title 10,
United States Code, sections 12731 through 12738) 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 (emphasis added) service, and served the last 8 years of his
qualifying service as a Reserve component soldier.

11.  Paragraph 2-8 of the aforementioned regulation describes qualifying
service, as pertains to this case, as service performed as an enlisted
person in an active status in a Reserve component or in active Federal
service.  After 30 June 1949, a reservist must earn a minimum of 50
retirement points each retirement year to have that year credited as
qualifying service.

12.  In a 29 October 1999 memorandum the Secretary of Defense put forth a
policy which entitles former members of the Reserve components who are
eligible to receive retired pay at age 60 under Title 10, United States
Code, section 12731, but who have terminated their Reserve status, to
entitlement to receive benefits provided for under chapter 54, Title 10,
United States Code.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant may have been affiliated with the United States
Army for more than 20 years, unfortunately, evidence available to the Board
indicates that at most the applicant would have accumulated no more than 8
years, 11 months, and 20 days of qualifying service for retirement
purposes.  As such, she would not have had sufficient qualifying service to
meet eligibility requirements for retired pay at age 60 and would not be
eligible for an Army Identification Card.

2.  Even if the applicant would have incurred a 6-year statutory service
obligation as a result of her 1965 enlistment in the Women’s Army Corps,
she would have been required to accumulate at least 50 retirement points
during the years between her discharged from the Army in 1967 and her
enlistment in the United States Army Reserve in 1973.  There is no evidence
that she accumulated any points during those intervening years.

3.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 August 1987; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
4 August 1990.  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

___LS  __  ___PM __  __LH ___  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.




                                  _____ Linda Simmons________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040009334                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050726                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |136.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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