RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                            01 NOVEMBER 2005
      DOCKET NUMBER:                    AR20050000380


      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. Ronald DeNoia                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Thomas O’Shaughnessy          |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 20 years
of qualifying service for retired pay at age 60.

2.  The applicant states that he extended his enlistment for 6 years on 14
March 1983, however it was discovered that he was on the Weight Control
Program and ineligible to extend his enlistment.  He states he was
subsequently discharged without Chief, National Guard Bureau approval, and
was denied the opportunity to qualify for 20-year retired pay.

3.  The applicant provides a self-authored letter, dated 14 October 2004; a
National Guard Bureau (NGB) 22 (Report of Separation and Record of
Service); Memorandum from the Georgia Military Division; State of Georgia
Orders 71-10, dated 12 April 1983; DA Form 4836 (Oath of Extension of
Enlistment or Reenlistment, dated 14 March 1983; NGB Form 23 (Retirement
Credits Record); DA Form 2166-6 (Enlisted Evaluation Report); State of
Georgia Orders 157-16, dated 18 August 1980; and DA Form 2-1 (Personal
Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 April 1983.  The application submitted in this case is
dated 30 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 limitations 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 NGB Form 22 shows he enlisted in the Georgia Army
National Guard (GAARNG) on 16 March 1964 and was separated on 12 April
1983, in the grade of Master Sergeant/E8, with 19 years and 26 days of
total service.  His characterization of service was honorable.

4.  The Memorandum from the Georgia Military Division, dated 5 April 1983
directed that the commander determine whether the applicant did receive a
favorable action while on the Weight Control Program, which is in violation
of the regulation.  The directive stated that if the favorable action is
substantiated, the unit will take immediate action to discharge the
applicant.  State of Georgia Orders 71-10 discharged the applicant
effective 12 April 1983.

5..  The available records do not show any evidence that the GAARNG
requested from the CNGB, in accordance with regulations, authority to
extend the applicant until he reached 20 years of service.

6.  The applicant's NGB Form 22 shows he was separated under the provisions
of NGR 600-200 and 600-9 for failure to meet extension standards.

7.  Army Regulation 600-9, provides, in pertinent part, that ARNG Soldiers
who have completed a minimum of 18 years qualifying service for retired pay
at age 60, may be extended for the minimum time required to complete 20
years qualifying service by the State TAG, disapproval authority is Chief,
NGB.

8.  National Guard Regulation 600-200 provides, in pertinent part, that the
Chief, NGB, (CNGB) is the approval authority for the involuntary discharge
of Soldiers from the ARNGUS who are within 2 years of completing service
required to qualify for retired pay.

9.  NGR 600-200 also provides that separation boards are required for all
Soldiers with 18 or more years of service.  This regulation further states
that the Soldier may waive his right to appear before the board, however,
the board must be held and the Soldier's interest must be represented by
counsel.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was discharged with 19 years and 26 days of qualifying
service. His intention at that time was to remain an active National Guard
Soldier, as evidence by his 6 year extension of enlistment.

2.  He was flagged for being in the Weight Control Program which prohibits
receipt of favorable personnel actions, and his extension of enlistment
nullified. However, by virtue of his having completed over 18 years of
qualifying service, in accordance with regulations, he was entitled to be
extended for 11 months and 4 days in order to complete 20 years of
qualifying service.

3.  There is no evidence that the GAARNG prepared and presented a request
for extension to the CNGB, or that a separation board was held, which would
have allowed the applicant to qualify for retired pay at age 60.  Since the
directive from the Military Division was dated 5 April 1983 and the
discharge orders were issued on 12 April 1983 it is reasonable to assume,
considering the time frame, that the request to CNGB was not initiated.

4.  In view of the above it would be appropriate to correct the applicant's
records to extend his date of discharge to show he completed 20 years of
qualifying service for retired pay at age 60.

5.  The applicant's NGB Form 23 shows that he accrued the following
retirement points during his last 3 years of service:

                 Assembly    Membership    Active Duty            Total
1980-1981              46                  15               19
 80
1981-1982              48                  15               29
 92
1982-1983              48                  15                 2
 65
Total                                                     237

6.  The average points per year accrued during this period was 47 assembly
points, 15 membership points and 17 active duty points for a yearly total
of 79 points.  Therefore, it would be appropriate to credit the applicant
with these retirement points for his final year of service.

7.  Although, Soldiers are required to apply for retirement pay, the
applicant was prohibited from doing so because his erroneous records did
not reflect the required qualifying service time.  Therefore, since this
error was caused by no fault of the applicant, he is entitled to
retroactive retirement pay commencing on his 60th birthday.

BOARD VOTE:

____AJ__  __TO ___  ___CK __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

      a.  extending his enlistment for 11 months and 4 days to allow him to
      attain 20 years qualifying service for retired pay at age 60,


      b.  credit for 79 retirement points for his final year of service,
      and


      c.  retroactive retirement pay commencing on 19 January 2003, the
      applicant's 60th birthday.




                            _____James Anderhom_________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000380                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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