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ARMY | BCMR | CY2005 | 20050005854C070206
Original file (20050005854C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 December 2005
      DOCKET NUMBER:  AR20050005854


      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:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Allen L. Raub                 |     |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 he was transferred to the Retired Reserve.

2.  The applicant states there is no documentation or record of his
retirement orders.

3.  The applicant provides his notification of eligibility for retired pay
at age 60 (his 15-year letter); a DD Form 214 (Certificate of Release or
Discharge from Active Duty); an NGB Form 22 (National Guard Bureau Report
of Separation and Record of Service) with an NGB Form 22a (Correction to
NGB Form 22); and his Army National Guard (ARNG) discharge orders.

CONSIDERATION OF EVIDENCE:

1.  After having had prior service in the Regular Army and the U. S. Army
Reserve, the applicant enlisted in the ARNG on 24 February 1993.

2.  On 16 May 2003, the applicant was discharged from the ARNG by reason of
being medically unfit for retention.  His NGB Form 22 shows he was also
separated as a Reserve of the Army (with the entry, "NOT APPLICABLE," in
item 9 (Command to which Transferred)) and had 13 years, 3 months, and 19
days of total service for retired pay.

3.  The applicant's separation orders show he was discharged from the ARNG
and transferred to the U. S. Army Reserve Control Group (Retired).

4.  On or about 1 September 2004, the applicant's qualifying years of
service were recalculated and it was determined he had 15 years, 3 months,
and          19 days of qualifying service for retired pay.  He was issued
a 15-year letter and his NGB Form 22 was amended in item 10(e) (Total
Service for Retired Pay) to show he completed 15 years, 3 months, and 19
days of total service for retired pay and in item 23 (Authority and Reason)
to add the entry, "EARLY QUALIFICATION FOR RETIRED PAY AT AGE 60
(INVOLUNTARY) MEDICAL." His NGB Form 22 was not amended to show he was NOT
separated from the    U. S. Army Reserve or to show (in item 9) he was
transferred to the U. S. Army Control Group Retired Reserve.

5.  On 7 December 2005, the Personnel Action Division, U. S. Army Human
Resources Command – St. Louis informed the Board analyst their records show
 applicant is in the Retired Reserve.

DISCUSSION AND CONCLUSIONS:

The available evidence of record shows the applicant was transferred to the
Retired Reserve upon his 16 May 2003 separation from the ARNG; however, his
NGB Form 22 failed to reflect that fact.  His NGB Form 22 should be
accordingly amended.

BOARD VOTE:

__slp___  __mhm___  __alr___  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.  As a result, the Board recommends that the
state Army National Guard records (in particular, the NGB Form 22) and the
Department of the Army records of the individual concerned be corrected by
showing he was not separated as a Reserve of the Army and to show he was
transferred to the U. S. Army Reserve Control Group Retired Reserve on 16
May 2003.


                                  __Shirley L. Powell___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005854                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051213                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |135.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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