RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 August 2005
      DOCKET NUMBER:  AR20050000651


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 his records be corrected to
show that he has 20 qualifying years of Army Reserve (USAR) service and is
eligible for retired pay at age 60.

2.  The applicant states that his records are missing documentation of
satisfactory participation for the periods 1963 through 1967, 1972 through
1974 and 1986.  He contends that his local records have been completely
lost on two occasions and that his Official Military Personnel Record was
lost or destroyed in the National Records Center fire in 1973.

3.  The applicant provides numerous service record documents including a
16 April 1992 letter from his USAR unit commander, enlisted evaluations
reports (EERs), records of physical examinations, and a self-constructed
retirement points accounting records.  He also submits copies of
correspondence to and from his United States Senator; a letter from his
former spouse to the effect that they were engaged in 1964, she remembers
"his monthly trips as a weekend warrior" and that he was on his two week
tour when their first baby was born in 1965; a character reference letter
from a civilian supervisor; a correspondence course completion form showing
105 credit hours earned during RYE (Retirement Year Ending) date 16 May
1988; and an Internal Revenue Service Form W-2 (Wage and Tax statement).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 25 September 1998, the date of the letter notifying him
he was not eligible for retired pay at age 60.  The application submitted
in this case is dated 30 September 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, a career Reserve Component noncommissioned officer
(NCO), served on active duty from October 1961 to October 1963.  He then
served in the USAR through October 1967, earning 2 qualifying years.  He
joined the Army National Guard in 1972 and completed 2 more qualifying
years.  In May 1975 he enlisted in the USAR and had 11 consecutive
qualifying years.  His 60th birthday was 12 September 1998.

4.  In an enlisted EER for the period from November 1985 through October
1986 the applicant's rater and indorser both ranked the applicant's overall
performance as an NCO with maximum possible scores and recommended that he
be promoted ahead of his peers.  The EER was signed on 15 November 1986.

5.  The applicant was transferred to the USAR Control Group (Reinforcement)
on 30 November 1987 and discharged on 9 April 1989.  There is no indication
in the available records that the applicant was ever issued a 20 year
letter.

6.  In a 25 September 1998 response to the applicant's application for
retired pay the Army Reserve Personnel Command informed him that, although
he had 21 years of service for basic pay calculation purposes he had only
14 years, 11 months, and 21 days of qualifying service.

7.  Among the documents submitted by the applicant, the extension course
sub-course completion certificate shows the applicant had completed 105
hours of course work creditable to RYE 16 May 1988.

8.  Army Regulation 140-185 (Army Reserve Training and Retirement Point
Credits and Unit Level Strength Accounting Records) at that time, provided
that each 3 hours of completed extension course work was equal to 1
retirement point.

9.  During the processing of this case an advisory opinion was obtained
from the Human Resources Command  (HRC), St. Louis.  The Chief, Veterans
Support Branch noted that the applicant had only 18 years of qualifying
service.

10.  An associated 24 February 2005 retirement points summary (AHRC Form
606-E) credits him with qualifying years ending on his RYE date 16 May
1985, and 1966.  However, it shows he had only 34 total points in RYE 1987.
 Those were 4 inactive duty training (drill) points, 15 active duty
training points and 15 membership points.  In RYE 1988 he earned only 15
membership points.

11.  The opinion was forwarded to the applicant for possible rebuttal.  He
did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The 24 February 2005 AHRC Form 606-E shows the applicant has 18 years
of service creditable for retired pay at age 60.

2.  The foregoing is confirmed by the advisory opinion from the HRC, St.
Louis.

3.  The extension course certificate evidences credit for 35 retirement
points which, when added to the 15 membership points produces a qualifying
year for RYE 1988 and brings his total to 19 qualifying years.

4.  The applicant's RYE 1987 is currently 16 points shy of constituting his
20th qualifying year.  Over 5 months of the time covered by the November
1986 EER would have occurred during that RY.  It is highly improbable that
a maximum rating would have been provided to a NCO whose drill attendance
was below average.  The recorded 4 drill points for that RYE is probably
wrong, but there is no available evidence to demonstrate the correct
number.

5.  Considering all the circumstances of the case, it is in the interest of
justice to redistribute retirement points from another RY to make RYE 1987
a qualifying year and to provide the applicant with a 20 year letter.

BOARD VOTE:

_LMD____  _JEA___  __RTD__  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.  redistributing 16 retirement points from another qualifying year
to make RYE 16 May 1987 qualifying year 19;


      b.  awarding him 35 points based on 105 credit hours of correspondence
course completion in RYE 16 May 1988 for qualifying year 20;

      c.  providing him with a 20 year letter; and

      d.  providing him with a application package for retired pay at age
60.




                                  __    James E. Anderholm___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000651                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050804                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     | . . . . .                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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