RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           30 November 2004
      DOCKET NUMBER:  AR2004105561


      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. John N. Slone                 |     |Chairperson          |
|     |Ms. Shirley Powell                |     |Member               |
|     |Mr. Patrick H. McGann             |     |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 records be corrected to show he was
transferred to the Individual Ready Reserve (IRR) on 5 March 1990; that his
retirement points be adjusted; and that he be considered for direct
appointment as a Quartermaster Corps commissioned or warrant officer.

2.  The applicant states that his obligation was 6 years and the total time
he served was less than 6 years; therefore, he should have been placed in
the IRR.

3.  The applicant provides his enlistment contract; his DD Form 214
(Certificate of Release or Discharge from Active Duty); extracts from Army
Regulations   135-178 and 140-111; a Retirement Points Summary (prepared by
himself); a   U. S. Army Human Resources Command correspondence course
printout; an Army Training Transcript; and college transcripts.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on   5 March 1990.  The application submitted in this case is
dated 16 March 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.  The applicant enlisted in the U. S. Army Reserve (USAR) on 28 April
1984 for 6 years.  Paragraph 12a of his contract states, "I must serve a
total of 6 years.  Any part of that service not served on active duty must
be served in a Reserve Component unless I am sooner discharged."

4.  The applicant enlisted in the Regular Army on 6 March 1986 for 4 years.
 He was honorably discharged on 5 March 1990 upon the expiration of his
term of service.  Item 9 of his DD Form 214 shows that he was not
transferred to the USAR.  Item 6 of his DD Form 214 shows that he had no
Reserve obligation remaining.

5.  In the processing of this case, an advisory opinion was obtained from
the        U. S. Army Human Resources Command – St. Louis.  That Command
updated the applicant's retirement points to show he has 6 qualifying years
of service; noted there was no enlistment contract in his file for after 27
April 1990; and noted that correspondence course points earned since his
discharge cannot be added to his records.

6.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  He rebutted that he believed there was sufficient
documentation to support his continued assignment in the IRR since his
release from active duty.  He noted that the goal of the Army, especially
since 11 September 2001, was retention of good soldiers and he felt that he
possessed qualities of an outstanding soldier.  He was asking the Board to
add his additional retirement points; to show he was placed in the IRR and
paperwork prepared for immediate reenlistment; that his current grade be
adjusted to E-7 or he be directly appointed to Chief Warrant Officer Two,
first lieutenant, or captain; and that his civilian education be updated to
include his baccalaureate degree obtained in 1997 and his masters degree
obtained in 1998.

7.  Army Regulation 635-200 governs the separation of enlisted soldiers.
Paragraph 1-36d, in the version in effect at the time, stated that Regular
Army soldiers who completed their statutory service obligation, or who had
less than    3 months of such obligation remaining, would be discharged.

8.  Army Regulation 140-185 prescribes the types of training and activities
for which retirement points are authorized.  Only Ready Reserve soldiers
and Active Standby Reserve soldiers are authorized retirement point credit.

9.  Army Regulation 135-100 governs appointment of commissioned and warrant
officers in the USAR and Army National Guard.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR on 28 April 1984.  His enlistment
contract stated that he must serve a total of 6 years and that any part of
that service not served on active duty must be served in a Reserve
Component unless he was sooner discharged.  His Reserve obligation would
end on 27 April 1990 unless he was sooner discharged.

2.  The applicant enlisted in the Regular Army on 6 March 1990.  He was
properly and in accordance with the governing regulation discharged (not
transferred to the IRR) because he had less than 90 days remaining on his
service obligation.

3.  The applicant's continuing interest in the Army, judging by his
completion of Army correspondence courses is appreciated.  However, as he
was not a Ready Reserve or Active Standby Reserve soldier he was not
authorized retirement point credit.

4.  If the applicant believes he is eligible for an appointment as a
commissioned or warrant officer, he should apply through established
channels.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 March 1990; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on           4 March 1993.  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

__jns___  __sp____  _phm____  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.




            ___John N. Slone______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004105561                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041130                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |135.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]