RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           18 August 2005
      DOCKET NUMBER:   AR20050000195


      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. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |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 reinstated and his
retirement removal date (RRD) be adjusted to 31 July 2006.

2.  The applicant states his RRD has been incorrectly computed.  Fifteen
months of his enlisted time should have been excluded from his active
Federal service (AFS).  That error caused him to retire on 1 May 2005.

3.  The applicant provides an Assistant Secretary of the Army (Manpower and
Reserve Affairs) (ASA, M&RA) memorandum dated 2 September 2004; an email
dated 10 November 2004; his Officer Record Brief (ORB); his voluntary
retirement packet; and 13 additional emails as listed on his application
and continuation page.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army Delayed Entry Program on 30 March
1979. He enlisted in the Regular Army on 21 September 1979.  He had
completed       1 year, 2 months, and 14 days of creditable active service
when, on 5 December 1980 after completing Officer Candidate School, he was
commissioned and entered active duty.

2.  The applicant was released from active duty on 30 September 1992 after
completing 11 years, 9 months, and 26 days of creditable active service and
transferred to the U. S. Army Reserve.

3.  The applicant entered active duty again, in an Active Guard Reserve
(AGR) status, on 1 May 1994.

4.  On or about 5 July 2002, the applicant completed 20 years of AFS.  By
memorandum dated 2 August 2001, he was informed the Chief, Army Reserve
approved his AFS extension request to remain in the AGR program for a
period of 24 months.  He would be released from active duty on 30 April
2005.

5.  On 5 July 2002, the applicant completed 20 years of commissioned AFS:

            11 years 9 months 26 days prior commissioned AFS
              8 years 2 months   4 days to reach 20 years commissioned AFS

            1994          5                1 date re-entered active duty
              +       8          2                4
              = 2002          7                5 (i.e., 5 July 2002)
6.  By memorandum dated 2 September 2004, the ASA, M&RA approved the Chief,
Army Reserve's request to exclude enlisted AFS when computing the AFS of
Reserve Component officers serving in the U. S. Army Reserve AGR program.
Enlisted AFS would continue to be credited for retirement purposes.

7.  In the processing of this case, an advisory opinion was obtained from
the Army Reserve Active Duty Management Directorate.  That office
recommended the applicant's request for an adjustment of his RRD be
disapproved.  That office noted the applicant's original RRD of 30 April
2003 had been adjusted to 30 April 2005 based upon his August 2001
extension.  Had he not been granted an extension at the time the ASA,
M&RA's memorandum was signed, his RRD would have been adjusted to 31 July
2004 based on his enlisted active service.  However, since his RRD had
already been adjusted past that date, no further adjustment was necessary.

8.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  He rebutted that the ASA, M&RA memorandum simply
states "Exclude enlisted AFS when computing the AFS of Reserve Component
Officers serving in the US Army Reserve AGR program."  He stated the OBASD
for all AGR officers is an administrative action erroneously computed by
the Army Reserve Active Duty Management Directorate.  That office
arbitrarily decided that since he was already currently serving on an
approved extension, he would not be entitled to receive the enlisted time
extension.

9.  The applicant also stated, since his request could not be favorably
considered before his retirement on 30 April 2005, he further requested an
additional           15 months be added to his retirement points accounting
[history] and he be granted an additional 15 months of active duty pay and
allowances.  He also requested consideration for promotion to colonel, O-6
by a special selection board and, if selected, that he be retired and
credited with having served successfully at the rank of colonel and that
his retired pay be adjusted to ensure all pay, allowances, and privileges
of that rank to which he would be entitled.

10.  Chapter 1219 of Title 10 U. S. Code governs standards and procedures
for retention and promotion of reserve officers.  Section 12646(2) states
an officer may be retained under Title 10 on active duty only if:  (A) at
the end of the period for which the officer is retained the officer will be
qualified for retirement under section 3911 (retirement for length of
service), section 6323, or section 8911 of this Title; and (B) the officer
will not, before the end of that period, reach the age at which transfer
from an active status or discharge is required by this Title or Title 14.

11.  Army Regulation 135-18 (The Active Guard Reserve (AGR) Program),
paragraph 4-7a states AGR officers will be released from active duty when
they have attained 20 years of active service (defined as service on active
duty) unless approved for extension on active duty beyond 20 years of
active serve through a board process.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's RRD had not been inaccurately computed, except perhaps
to his benefit.

2.  AGR officers are required by law to separate when they complete 20
years of AFS.  By memorandum dated 2 September 2004, the ASA, M&RA approved
the Chief, Army Reserve's request to exclude enlisted AFS when computing
the AFS of Reserve Component officers serving in the U. S. Army Reserve AGR
program.

3.  When the applicant re-entered active duty on 1 May 1994, he had already
completed 11 years, 9 months, and 26 days of commissioned AFS in addition
to completing 1 year, 2 months, and 14 days of prior enlisted AFS.
Therefore, he only needed to complete an additional 8 years, 2 months, and
4 days of commissioned AFS to reach 20 years of commissioned AFS.  He
reached that point on 5 July 2002, and his enlisted AFS had already been
excluded.

4.  The available evidence shows that, when the applicant was given his
       24-month extension in August 2001, his RRD should have been adjusted
to        5 July 2004.  For an unknown reason (either he had had a previous
approved extension or an erroneous OBASD was used), his RRD was determined
to be  30 April 2005.  There is no basis on which to further adjust his RRD
or to grant the additional relief requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jev___  __rjw___  __rr____  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 for correction of the
records of the individual concerned.




            ___James E. Vick______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000195                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |136.01                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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