RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      13 SEPTEMBER 2005
      DOCKET NUMBER: AR20040009495


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McCants              |     |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 that his retirement points be re-calculated.

2.  The applicant states that his retirement points are calculated
incorrectly and he desires that he be credited with the appropriate number
of points.

3.  The applicant provides copies of his retirement points credits.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 February 1976.  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 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.  He was born on 19 September 1938 and enlisted in the United States Army
Reserve (USAR), formerly the Enlisted Reserve Corps (ERC) on 14 February
1956.  He continued to serve through a series of continuous reenlistments
and was promoted to the pay grade of E-7 on 6 April 1966.

4.  On 13 February 1976, he was transferred at his own request, from his
Troop Program Unit (TPU) to the USAR Control Group (Retired).  He was
issued his Notification of Eligibility for Retired Pay at Age 60 (20-year
letter) on 21 April 1976 and was actually retired by reason of age
(attaining age 60) on 19 September 1998.

5.  In the processing of this case, a review of the applicant’s records was
conducted at the Human Resources Command – St. Louis (formerly the Army
Reserve Personnel Center) which opines that the review concluded that the
applicant received credit for all the points he was authorized at the time
of his original certification for Retired Pay and noted that the applicant
was retired under the provisions of the “60 Point Rule.”  The advisory
opinion was provided to the applicant for comment and he has failed to
respond.
6.  Title 10, United States Code, Chapter 67, Sections 1331 – 1337
authorizes retired pay benefits to members and former members of the
Reserve components who have completed a minimum of 20 years of qualifying
service and attained the age of 60.  Beginning on 1 July 1949, the law has
required Reserve Soldiers to earn a minimum of 50 retirement points each
full retirement year in order to have that year credited as qualifying
service.  The law further provides that no more than a combined total of 60
points may be credited for inactive duty training (IDT), extension courses,
and membership.  Therefore, if the total exceeds 60 points, then only 60
points plus the number of points for active duty are counted as total
points creditable.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, 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.

2.  While the applicant contends that his retirement points were
incorrectly calculated, he provides no specifics in that regard and does
not provide any argument or sufficient evidence to support his contention.

3.  His retirement points were again recalculated by the agency responsible
for such actions and were found to be correct as they are.  Therefore,
absent evidence to the contrary, there appears to be no basis to grant his
request.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 February 1976; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 13 February 1979.  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

___PS___  __RD__  __JM____  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.




            _____Shirley Powell___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009495                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/13                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |341/RET RES                             |
|1.136.0300              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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