RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           4 November 2004
      DOCKET NUMBER:  AR2004103308


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Mr. Jonathon K. Rost              |     |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 he be granted the number of
years of qualifying service necessary to received Reserve retirement
benefits.

2.  The applicant states, in effect, that he served in the military for 20
years and that his summer camp service should be added to his creditable
service, which result in his having a total of 25 years of military
service.

3.  The applicant provides the following documents in support of his
application:  Separation Document (DD Form 214), dated 26 July 1973;
Separation Document (NGB Form 22), dated 29 August 1994; and Chronological
Statement of Retirement Points (ARPC Form 249-2-E), dated 26 March 1996.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 December 1995.  The application submitted in this case
is dated 16 January 2003.

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’s record shows he served in the United States Marine
Corps Reserve (USMCR) from 3 April through 29 July 1970 and from 27 July
1973 through 10 November 1975 in an inactive status.  It also shows that he
served on active duty in the United States Marine Corps (USMC) from 30 July
1970 through 26 July 1973.

4.  On 12 May 1981, the applicant enlisted in the United States Army
Reserve (USAR).  He served in that status until being honorably discharged
on 11 May 1987.

5.  On 6 January 1992, the applicant entered the Army National Guard (ARNG)
and served in that status until being discharged and transferred to the
USAR on 29 August 1994.  On 12 December 1995, the applicant was honorably
discharged from the USAR.
6.  The last ARPC 249-2-E on file in the applicant’s record is dated 26
March 1996.  This document covers his Reserve Component (RC) service
between 1987 and 1995.  It indicates the applicant accrued 122 creditable
points during this period, but did not accrue any qualifying years of
service for retirement purposes.

7.  In connection with the processing of this case, a completed Statement
of Service with Retirement Points (AHRC Form 606-E) was obtained from the
Personnel Support Division, Human Resources Command, St. Louis, Missouri.
This document shows that between 12 May 1985 and 12 December 1995, the
applicant accrued a total of 210 points and was credited with 2 years of
qualifying service for retirement.  This HRC personnel official that
provided the statement confirms the applicant did not have the necessary
qualifying years of service to receive a 20 year letter or to qualify for
Reserve retirement.  Further, he confirmed the statement of service
accounted for all of the applicant’s summer camp service.

8.  Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular
Service) implements statutory authorities governing the granting of
"retired pay" to soldiers and former Reserve components soldiers.  Chapter
2 provides eligibility criteria and state, in pertinent part, that in order
to qualify for nonregular retirement, a member must have attained age 60,
completed a minimum of
20 years of qualifying service and served the last 8 years of his or her
qualifying service as a RC soldier.  Paragraph 2-8 defines qualifying
service and states, in pertinent part, that a RC soldier must earn a
minimum of 50 retirement points each retirement year to have that year
credited as qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms when totaling all the applicant’s
active duty and RC qualifying service, it did not total the 20 years of
qualifying service necessary to be eligible for nonregular retirement
benefits.

2.  The statement of service provided by HRC, St. Louis personnel officials
confirms that while serving in a RC status, the applicant accrued only two
years of qualifying service for retirement.  Further, these officials also
confirm that all of the applicant’s summer camp service was accounted for
and appropriately credited.
3.  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 and counsel
have failed to submit evidence that would satisfy this requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 December 1995, the date he was last
discharged from the USAR.  Therefore, the time for him to file a request
for correction of any error or injustice expired on 11 December 1998.
However, he 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

_JEA ___  _MHM___  _JKR ___  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.




               _MELVIN H. MEYER_
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004103308                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/11/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1995/12/12                              |
|DISCHARGE AUTHORITY     |AR 135-178                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |135.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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