RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            20 SEPTEMBER 2005
      DOCKET NUMBER:   AR20050000131


      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:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Thomas O’Shaughnessy          |     |Member               |
|     |Mr. Patrick 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 he be transferred from the Retired Reserve
to the Retired Inactive Ready Reserve Control Group.

2.  The applicant states that he requested to be retired and placed in the
Individual Ready Reserve (IRR).  However, orders were published which
placed him in the Retired Reserve, which he did not request.  He goes on to
state that he desires to further serve his country by volunteering his
service through the IRR.  He also states that he has been attempting to
resolve this issue since 1999.

3.  The applicant provides a copy of memorandum from his commander that was
attached to his retirement request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 February 2000.  The application submitted in this case is
dated 13 December 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 28 October 1959 and enlisted in the Virginia Army
National Guard (VAARNG) in Wnchester, Virginia, on 15 February 1976, for a
period of    6 years, training as an infantryman and an enlistment bonus.

4.  He continued to serve through a series of continuous reenlistments and
was promoted to the pay grade of E-7 on 28 January 1987.  He received his
20-year letter in May 1999 and on 9 July 1999, he requested of his company
commander, that he be allowed to retire effective 9 July 1999 and be placed
in the IRR.  The applicant’s commander concurred with his request and
forwarded the applicant’s request to retire to the battalion commander.

5.  On 14 February 2000, he was honorably discharged from the VAARNG and
was transferred to the Retired Reserve.

6.  Army Regulation 140-1 provides policy guidance on the mission,
organization and training if the United States Army Reserve (USAR).  It
provides, in pertinent part, that the USAR is a Federal force which is
comprised of the Ready Reserve, the Standby Reserve and the Retired
Reserve.

7.  The Retired Reserve consists of Soldiers who retain their status as
reserves of the Army and who are or have been removed from an active
status, or have been assigned at their requests and are otherwise
qualified.

8.  The Reserve Control Group (Standby) consists of Standby Reserve
Soldiers on the inactive list who qualify for assignment.  These Soldiers
are not authorized Reserve Duty training, retirement point credit or
promotion consideration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he requested to be retired and placed
in the Inactive Ready Reserve Control Group has been noted.  However, such
a control group does not exist.

2.  While the applicant has explained that he wanted to retire and continue
to serve, there are no provisions for such service once a Soldier has been
transferred to the Retired Reserve.  He simply could not retire and
continue to serve.  He had to choose one or the other.

3.  Given that the applicant requested that he be retired on the same date
he requested it from his commander, it is apparent that his being retired
was his first priority.  Accordingly, he was properly transferred to the
Retired Reserve.

4.  Had the applicant requested transfer to the Standby Control Group, he
could not have been transferred to the Retired Control Group until such
time as he requested it.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 February 2000; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 13 February 2003.  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

___JH___  __TO ___  __PM ___  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.




            _____James Hise_________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000131                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050920                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |20000214                                |
|DISCHARGE AUTHORITY     |AR 140-1. . . . .                       |
|DISCHARGE REASON        |RETIREMENT                              |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |335/CHG STATUS                          |
|1.135.0300              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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