RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20040009615


      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. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olson                |     |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 non-regular retirement from the US Army Reserve
(USAR).

2.  The applicant states he served from 20 June 1967 to 20 June 1987 and
should be retired.  The Army Human Resources Command (HRC) – St. Louis,
Missouri claims he does not have enough retirement points.

3.  The applicant provides:

      a.  A copy of a DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge) for the period 22 June 1967 to 20 June 1969.

      b.  A copy of DD Form 266A, Certificate of Honorable Discharge, dated
20 June 1987.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 June 1987.  The application submitted in this case is
dated 28 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.  The applicant was inducted into the Army of the United States for 2
years on 22 June 1967.  He was honorably separated and transferred to the
USAR on 20 June 1969 with 1 year, 11 months, and 29 days of active Federal
service.

4.  The applicant continued his USAR service after his separation from
active duty.  A DARP Form 249 (Chronological Statement of Retirement
Points), dated 17 November 1985, shows that, as of 17 November 1985, he had
18 years, 4 months, and 25 days of total service (qualifying and
nonqualifying) for longevity pay purposes and 6 years, 0 months and 0 days
qualifying service for retired pay.

5.  The applicant's records show from 2 November 1985 through 11 January
1986 he amassed 9 unexcused absences from unit training assemblies.  On
19 February 1986, he was transferred to the USAR Control Group
(Reinforcement) as an unsatisfactory participant.  He never earned any more
qualifying years of service for retirement purposes.

6.  There is no 20-year letter in the applicant's records indicating that
he qualified for a non-regular retirement at age 60.

7.  Army Regulation 135-180 implements statutory authorities governing the
granting of “retired pay” to Soldiers and former Reserve components
Soldiers.
In pertinent part, it states that to be eligible for retired pay, a Reserve
Soldier must have attained age 60, completed a minimum of 20 “good”
qualifying years of service, and served the last 8 years of his qualifying
service as a Reserve component Soldier.  The term “good years” is an
unofficial term used to mean each one-year period in which 50 or more
retirement points are earned and which count as qualifying years of service
for retirement benefits at age 60.  Regular Army service is credited day
for day.

DISCUSSION AND CONCLUSIONS:

1.  The applicant did not complete 20 "good years" of service and therefore
did not qualify for issuance of a 20-year letter guaranteeing retirement
benefits at age 60.

2.  It is noted the applicant was transferred from his Troop Program Unit
(TPU) assignment to the USAR Control Group (Reinforcement) because of his
unsatisfactory participation.

3.  There is no error or injustice in this case.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 June 1987, the date he received his
Certificate of Honorable Discharge; therefore, the time for the applicant
to file a request for correction of any error or injustice expired on 19
June 1990.  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

___wdp__  __jtm___  __ljo___  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.




                                  William D. Powers
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009615                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |136.0400                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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