RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 December 2005
      DOCKET NUMBER:  AR20050009020


      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             |
|     |Ms. Joyce A. Wright               |     |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 the retirement year starting at

2 December 1983 be counted as a full 12-month retirement year.

2.  The applicant states that she served as an enlisted member in Army
National Guard (ARNG) between 2 December 1983 and 26 August 1984.  During
that time, she attended every drill and completed Quartermaster advanced
individual training (AIT).  She earned 73 retirement points.  In August
1984, she accepted a US Army Reserve Officers' Training Corp (ROTC)
Scholarship.  She now requests that the Board award her this retirement
year.

3.  The applicant provides a copy of her ROTC Scholarship contract, a copy
of her Retirement Points History Statement, and a copy of her NGB Form 22
(Report of Separation and Record of Service), dated 26 August 1984.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she enlisted in the Nebraska Army National
Guard (NEARNG) on 2 October 1982.  A DA Form 220 (Active Duty Report) shows
she was ordered to active duty for training (ADT) on 2 June 1983 and she
was released from ADT on 5 August 1983.

2.  The applicant's records show she enlisted as a cadet on 24 July 1984
and contracted under the ROTC Scholarship Cadet Program, for a period of
3 years on 27 August 1984.

3.  The applicant's DA Form 597-3 (Army Senior ROTC Scholarship Cadet
Contract), dated 24 July 1984, shows that her education commenced on
27 August 1984, with a completion date of May 1987.

4.  The applicant was honorably discharged from the NEARNG on 26 August
1984 under the provisions of National Guard Regulation (NGR) 600-200,
paragraph 7-9i(2).  Item 9 (Command to Which Transferred), of the
applicant's NGB Form 22, shows the entry, "NA."  Item 11, of this same
form, shows the terminal date of her Reserve/military service obligation to
be 1 December 1988.

5.  On 14 November 1984, the NGB Form 22A, Correction to NGB Form 22, was
prepared.  Entries in the heading of this form indicate the applicant was
honorably discharged from the NEARNG and from the Reserve of the Army.  The
date of discharge shown is 26 August 1984.  On the date of her discharge,
the applicant had 1 year, 8 months, and 25 days net service and total
service for pay.

6.  The applicant’s military records show she was appointed a Reserve
commissioned officer in the rank of second lieutenant (2LT/O-1) on 9 May
1987, with prior enlisted service.  She was promoted to captain (CPT/O-3)
effective 25 May 1994.

7.  She was appointed in the Missouri ARNG (MOARNG) on 10 September 1996.
She was ordered to active duty in the Active Guard Reserve (AGR) on
18 April 2003 for an indefinite period.  She was promoted to lieutenant
colonel (LTC/O-5) effective 21 October 2004.

8.  The applicant provided a copy of her Retirement Points History
Statement which shows she had completed 18 years, 8 months, and 25 days of
qualifying service for retirement purposes.  It also shows that she was
credited with 73 points for her retirement year ending (RYE) 26 August 1984
and had completed 8 months and 25 days of service, which was a partial
qualifying year for retirement purposes.  It further shows that she was
credited with zero points for the period 27 August 1984 through 8 May 1987.

9.  The applicant's Retirement Points History Statement, dated 21 November
2005, shows that she had completed 19 years, 8 months, and 25 days of
qualifying service for retirement purposes.  It also shows that she was
credited with 73 points for her retirement year ending (RYE) 26 August 1984
and she had completed only 8 months and 25 days service, which was a
partial qualifying
year and credited as such for retirement purposes.  The 73 retirement
points earned are included in the total points credited to date (3527
points).  It further shows that she was credited with zero points for the
period 27 August 1984 through 8 May 1987.  The second page indicated that
the period from 27 August 1984 through 8 May 1987 was non-creditable due to
her participation in ROTC without SMP (Simultaneous Membership Program).

10.  National Guard Regulation 680-2 (Automated Retirement Points
Accounting System) prescribes ARNG procedures for recording retirement
points and years of creditable service for (non-regular) retired pay.
Paragraph 2-2b(4) states on or after 1 July 1949, the retirement year
begins on the date of initial commissioning or appointment as a warrant
officer, provided the retirement year has not been previously established,
and end on the day preceding the anniversary of that date.  If the Soldier
had continuous Reserve service in an active status before the date of
commission or appointment, the retirement year does not change.  If
commissioned from a ROTC Program, a new retirement year will be established
on the date commissioned.  The time spent in either of those programs is
not creditable toward retirement.  Soldiers who had ROTC service with
concurrent reserve status (not SMP) before 13 October 1964 will have that
time credited for
 retirement.  Any enlisted service before entry into any of these programs
is creditable for retirement; and if the commission is declined, the time
spent in these programs is creditable.

11.  Army Regulation 140-185 provides the policy for training and
retirement point credits for members of the USAR.  Paragraph 1-3 states
that only Ready Reserve Soldiers (other than ROTC and Delayed Entry Control
Group Soldiers) and Active Standby Reserve are authorized retirement point
credit.  The exclusion of ROTC service, potential participants in the
ROTC/SMP (those not enrolled in the Advance ROTC) are authorized retirement
points and to be paid for drills in the grade and years of service
attained.  Participants in the ROTC/SMP enrolled in the Advanced ROTC
Course are authorized retirement points credit and pay for drills until
commissioned.  Points and service time while in the advanced course are
then removed.  This regulation further provides that a qualifying
retirement year is a full 12-month period in which a Soldier is in an
active status and earns a minimum of 50 retirement points.  A qualifying
partial retirement year is a period less than 12 months in which a Soldier
is in an active status and earns the minimum number of retirement points as
designated in the pro-rated tables in Appendices A, B, and C.

12.  Public Law 104-201, section 507, dated 23 September 1996, amended the
provisions of the law to provide service credit for the SMP retroactive to
1 August 1979, when SMP actually began.  The revisions will result in no
increase in pay, retired or retainer pay before the date of enactment, 23
September 1996.  If the credit results in a higher basic pay due to a
change in the pay entry basic date (PEBD), the effective date of the
increase will be 23 September 1996.

13.  Department of Defense (DOD) Financial Management Regulation, Volume
7A, Chapter 1, covers basic pay.  Paragraph 010102 pertains to service
which is not creditable.  Subparagraph 010102A(6) states that for
commissioned officers,
any period of service performed after 12 October 1964 and prior to 1 August
1979, in the ROTC, even if such member held concurrent Reserve status is
not creditable.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was credited with
73 retirement points during the period 2 December 1983 through 26 August
1984 and had completed 8 months and 25 days of service, which was a partial
qualifying year for retirement purposes.  The 73 retirement points earned
are properly reflected in her total points.  Even though her total points
exceeded that
required for a full year, she did not serve in an active status for the
complete 12 months; therefore, it would not be appropriate to make her 1984
RYE reflect a full year for retirement purposes.

2.  The applicant was enrolled in the ROTC Scholarship Program from
27 August 1984 through 8 May 1987 and was credited with zero points.  In
accordance with regulation, this period of service was not creditable
toward retirement due to the applicant's ROTC service and is also properly
reflected on her retirement points statement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_ALR____  _MM____  SLP____  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.




                                  ______Shirley L. Powell______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009020                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051213                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |AGR                                     |
|DISCHARGE AUTHORITY     |AR . . AGR                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |113                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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