RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 January 2006
      DOCKET NUMBER:  AR20050006197


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 considered for promotion
once he exceeded his 30 year commitment based on his "hip pocket" orders.

2.  The applicant states, in effect, that he just received orders
terminating his "hip pocket" orders and that he should be considered for
promotion during the time he was kept over his 30 year commitment until he
reached age 70.

3.  The applicant states, through his congressional representative, in
effect, that he received two letters from the Army, dated 14 July 1980 and
23 March 1984, that changed his mobilization status and explained new
provisions of a partial mobilization.

4.  The applicant submitted his application through his congressional
representative.  However, he did not provide any documentation or evidence
in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 23 May 1985, the date he attained 30 years of combined active
service and time on the Retired List.  The application submitted in this
case is dated 1 April 2005.

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 military records show that on 25 February 1953, he was
inducted into the Regular Army and was released from active duty on 9 March
1955.  He had completed 1 year, 10 months, and 28 days of active service
that was characterized as honorable.  He had 47 days time lost.

4.  The applicant enlisted on 28 February 1957, for a period of 3 years.
He
was released from active duty on 7 April 1960.  He had completed 2 years,
11 months, and 21 days of active service that was characterized as
honorable.  He had 51 days time lost.
5.  The applicant enlisted again on 20 June 1960, for a period of 3 years.
He was discharged due to expiration of enlistment on 19 June 1963.  He had
completed 3 years of active service that was characterized as honorable.

6.  The applicant reenlisted on 20 June 1963, for a period of 6 years.  He
was discharged due to expiration of term of service on 19 January 1970.  He
had completed 6 years and 7 months of active service that was characterized
as honorable.

7.  The applicant reenlisted again on 20 January 1970, and was discharged
due to retirement on 31 August 1975, and placed on the Retired List
effective
1 September 1975.  He had completed 5 years, 10 months, and 20 days of
active service that was characterized as honorable.

8.  The applicant's date of birth is 30 December 1932.

9.  U.S. Army Reserve Components Personnel and Administrative Center, St.
Louis, Missouri, Orders 05-76372, dated 30 May 1980, notified the applicant
that in the case of a national emergency and full mobilization that was
announced by the President on TV, radio, or other news that he was to
report to Fort Benning, Georgia.  These orders were issued under the
authority of Title 10, Section 3504 of the United States Code (USC) and
were known Army-wide as "hip pocket" orders.

10.  Army Regulation 600-200 (Enlisted Personnel Management System), then
in effect, provides that an individual is in a non-promotable status when
they are within 60 days of voluntary retirement.

11.  Title 10, Section 3504 USC authorized the President to order any
retired member of the Regular Army to active duty and assign him duties
considered necessary in the interests of national defense.  This section
was repealed on
15 September 1981.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be considered for promotion
during the time he was kept over his 30 year commitment until he reached
age 70.  The applicant further contends that he was kept in a standby
status, based on "hip pocket," orders until he was 70 years of age.

2.  From the time the applicant was within 60 days of his retirement he was
in a non-promotable status.  There are no provisions for considering an
individual on the Retired List for promotion.
3.  The applicant's "hip pocket" orders contained a paragraph that
rescinded the orders when he reached his 60th birthday.  Therefore, the
orders would have been automatically rescinded on 30 December 1992.
However, the authority under which the applicant's "hip pocket" orders were
issued was repealed effective 15 September 1981.  Copies of the 14 July
1980 and 23 March 1984 letters the applicant stated he received from the
Army were not in the applicant's military records nor were they submitted
by the applicant.

4.  Therefore, there is no evidence that the applicant was in a standby
status until he was 70 years of age.

5.  In order to justify correction of a military record the applicant must,
or it must otherwise satisfactorily appear, that the record is in error or
unjust.  The applicant has failed to submit evidence that would satisfy
that requirement.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 May 1985, the date he attained 30
years of combined active service and time on the Retired List; therefore,
the time for the applicant to file a request for correction of any error or
injustice expired on
22 May 1988.  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

___rjf____  ___wdp _  ___rmt_____  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.




                                  _____William D. Powers_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006197                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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