RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 October 2004
      DOCKET NUMBER:  AR2004104616


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Ms. Deborah S. Jacobs             |     |Member               |
|     |Mr. Ronald J. Weaver              |     |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 reconsideration of his request that he be
granted  Reserve retired pay.

2.  The applicant states that he now has three statements from former unit
members.

3.  The applicant provides an affidavit dated 24 January 2004, an affidavit
dated 5 February 2004, and an undated affidavit.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003085778 on 16 September 2003.

2.  The affidavits provided by the applicant are new evidence which will be
considered by the Board.

3.  The applicant was born on 23 October 1919, served on active duty from
     22 May 1942 through 8 October 1945, and immediately enlisted in the
Enlisted Reserve Corps (later designated the U. S. Army Reserve).  The last
available enlistment contract in his records shows he reenlisted on 2
September 1961 for  3 years.

4.  A letter, dated 10 May 1965, from Headquarters, XVI U. S. Army Corps to
the Commander of Detachment 4, 89th Regiment indicates that a roster of
reservists whose term of service had expired or would expire during the
month of May was attached.  The roster is not attached; however, the letter
contains the annotation, "…forward comment that 1049 on (applicant) is
still pending…)."  The Detachment's response was that a personnel action
was presently at the Corps headquarters requesting the applicant be
transferred to the Retired Reserve.  The detachment requested he be
assigned to the Control Group (Reinforcement) pending receipt of an
official statement of service.

5.  By letter addressed to the applicant dated 14 July 1965, he was
informed that an attached statement of service indicated he had 18 years, 1
month, and 5 days of creditable service for retirement purposes.  It was
suggested that he associate himself with a reserve unit and qualify himself
with at least two more years of creditable service in order to be eligible
to receive retired pay at age 60.

6.  On 4 September 1965, the applicant was transferred from his unit to the
U. S. Army Reserve Control Group (Reinforcement).

7.  On 28 February 1966, the applicant was honorably discharged from the U.
S. Army Reserve Control Group (Reinforcement) upon the expiration of his
term of service (ETS).

8.  A statement of service prepared on 10 December 2003 shows the applicant
had 19 years, 4 months, and 17 days of qualifying service for a nonregular
retirement.  It shows that he did not have a qualifying year for retirement
year ending (RYE) 30 June 1963 (31 inactive duty points and 15 membership
points), RYE 30 June 1964 (31 inactive duty points and 15 membership
points); RYE    30 June 1965 (15 membership points), or 28 February 1966
(zero points).

9.  The 24 January 2004 affidavit provided by the applicant indicates,
"…From the time I enlisted in 1957 until (the applicant) retired in October
1964, he attended the meetings and taught classes as did others in our
unit…"

10.  The 5 February 2004 affidavit provided by the applicant indicates, "…I
attended week-end drills with the…unit January 19, 1964 through January 19,
1970.  I want to testify that (the applicant) was a member also and
attended week-end drills during the Year of 1964.  He also received a
plaque when he retired for 22 years of service."

11.  The undated affidavit is from a retired colonel.  This individual
states, "…DURING THE PERIOD OF SEPTEMBER AND OCTOBER, 1964, in Osawatomie,
Kansas.    I was the Commanding Officer at that time.  He (the applicant)
attended all regularly scheduled drills and taught classes to fellow USAR
members."

12.  Army Regulation 135-178 establishes policies governing the
administrative separation of enlisted soldiers from the Army National Guard
of the United States and the USAR.  In pertinent part it states that upon
ETS, the soldier will be discharged by the separation authority.  It also
states that when through administrative error a soldier is not discharged
on the actual date of his or her ETS, he or she will be considered to have
been retained beyond normal discharge date for the convenience of the
Government.

13.  Sections 1331 through 1337 of Title 10, U.S. Code, authorize retired
pay for Reserve component military service.  Under this law, a Reserve
soldier must complete a minimum of 20 qualifying years of service to be
eligible for retired pay at age 60.  The term “good years” is an unofficial
term used to mean years in which 50 or more retirement points are earned
during each year and which count as qualifying years of service for
retirement benefits at age 60.

DISCUSSION AND CONCLUSIONS:

1.  From the available evidence of record, it appears the applicant should
have been discharged on 1 September 1964 upon his ETS.  It appears he was
retained in the service, without formally extending his enlistment, for the
purpose of determining his eligibility to receive retired pay at age 60 and
not separated for ETS until 28 February 1966.

2.  The applicant's latter retirement years ran from 1 July through 30
June.

3.  The affidavits provided by the applicant have been carefully
considered.  It appears they are all attempting to confirm the fact the
applicant had a qualifying year for retirement in 1964.  However, they do
not substantiate that the applicant earned 50 or more retirement points
during RYE 30 June 1964 or RYE 30 June 1965.

4.  The individual who prepared the affidavit dated 5 February 2004
discussed only the period beginning 19 January 1964 (when he started to
drill with the unit) and ending 31 December 1964.  It is acknowledged that
the applicant could have attended weekend drills during 1964 – his
statement of service shows he earned 31 inactive duty points during RYE 30
June 1964.  However, there is no evidence or corroboration to show that he
earned the additional points required to earn a qualifying year during that
portion of his RYE 30 June 1964 from 1 July through 31 December 1963.

5.  The applicant's former commanding officer discussed only the period of
September and October 1964.  It is acknowledged that the applicant's
statement of service shows he earned no inactive duty points during RYE 30
June 1965 (which began on 1 July 1964).  However, even if the commanding
officer's statement is accepted as sufficient, it does not confirm that the
applicant earned 35 nonmembership retirement points during the months of
September and October 1964.  It would be unlikely that he would earn so
many points in two months.  Therefore, RYE 30 June 1965 would still be a
nonqualifying year.

6.  The recollection of the individual who prepared the 24 January 2004
affidavit appears to be faulty.  The available evidence of record shows the
applicant requested transfer to the Retired Reserve but he never retired.

7.  The evidence of record shows the applicant was notified in July 1965
that he had only 18 years, 1 month, and 5 days of creditable service for
retirement purposes.  It was suggested that he associate himself with a
reserve unit and qualify himself with at least two more years of creditable
service in order to be eligible to receive retired pay at age 60.  It
appears he did not heed that advice.

8.  The applicant's retirement points have since been corrected to show he
had 19 years, 4 months, and 17 days of qualifying service; however, had he
followed the suggestion to remain with a reserve unit this correction could
have been made much earlier and he would have had to serve less than 8
months to earn a nonregular retirement.  He did not take that step and,
since there is no evidence to substantiate that he was incorrectly informed
he had sufficient service to qualify for retired pay at age 60, to grant
him credit now for service he did not perform would afford him a benefit
that is not afforded to others in similar circumstances.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jea___  __dsj___  __rjw___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 to amend the decision of
the ABCMR set forth in Docket Number AR2003085778 dated 16 September 2003.




            __James E. Anderholm_
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004104616                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041021                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |135.02                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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