RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 July 2006
      DOCKET NUMBER:  AR20050014995


      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. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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, transfer to the Retired Reserve
prior to his expiration of term of service (ETS) on 30 January 2005, or
extension of his enlistment contract until his 60th birthday (11 February
2005).

2.  The applicant states, in effect, that he had already applied for
mandatory retirement at age 60 and was unaware that he had to apply for
transfer to the Retired Reserve for those 11 days between his ETS and
mandatory retirement date, or be removed from the personnel database and
lose his Army Knowledge Online (AKO) Access.

3.  The applicant provides copies of his DA Form 4836 (Oath of Extension of
Enlistment or Reenlistment); his Retirement Points Accounting System
Summary Points Inquiry/Update; his discharge orders and certificate; his
retirement orders and certificate; letters from the Chief, Transition and
Separations Branch, Human Resources Command (HRC) – St. Louis, Missouri;
and his memorandum reference AKO account for retired Soldiers, in support
of his requests.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the New Hampshire
Army National Guard (NHARNG), in pay grade E-1, effective 1 September 1965.

2.  The applicant entered on active duty from 15 November 1965 through 1
April 1966 and from 13 May 1968 through 16 September 1969.

3.  The applicant was discharged from the NHARNG effective 13 November 1970
and was transferred to the United States Army Reserve (USAR) Control Group
(Standby).  He again enlisted in the NHARNG effective 18 November 1973.

4.  The applicant extended his enlistment in the NHARNG effective 19
October 2002, for 2 years.  His ETS date was changed from 30 January 2003
to 1 January 2005.

5.  The applicant's Retirement Points Accounting System Summary Points
Inquiry/Update, dated 25 January 2005, shows he had completed 31 years of
qualifying service for retired pay as of 30 January 2005.

6.  In a letter, dated 25 January 2005, the Chief, Transition and
Separations Branch, HRC – St. Louis, advised the applicant that his
application for retired pay had been approved.
7.  The applicant was issued Orders Number P01-580628, dated 25 January
2005, placing him on the retired list effective 11 February 2005.  The
applicant was also provided a Certificate of Retirement.

8.  The applicant was issued Orders Number D-02-503379, dated 2 February
2005, discharging him from the USAR Control Group (Reinforcement) effective
the same day.

9.  The applicant's records do not show he requested transfer to the
Retired Reserve.

10.  In a memorandum, dated 26 July 2005, the applicant stated that when he
accessed his AKO account he saw a message that his military record was no
longer available in the personnel database and his account would expire in
20 days.  He also stated that he was advised the reason he was no longer in
the personnel database was because he was discharged on 2 February 2005,
instead of being placed in the Retired Reserve for 9 days until his 60th
birthday (11 February 2005).  He was further advised to request his records
be seen by a review board.  A review board could or could not have orders
published placing him in the Retired Reserve from 3 February to 11 February
2005.  He uses his AKO account daily to access sites that require an AKO
user name and password.

11.  In a letter, dated 11 August 2005, the Chief, Transition and
Separations Branch, HRC – St. Louis, in reply to his 26 July 2005
memorandum, advised the applicant that since he failed to request transfer
to the Retired Reserve prior to his ETS of 30 January 2005, the automated
system produced a discharge order and he was removed from an active status.
 That command had no authority to retain Soldiers who did not have a valid
enlistment contract in the Army Reserve. The applicant was discharged prior
to his retirement at age 60, thus he was considered a former member and was
not eligible for AKO access.

12.  The Transition and Separations Branch official also stated that he
could appeal the discharge action to the Army Review Boards Agency who
could grant him relief either by directing his transfer to the Retired
Reserve prior to his ETS date or by showing the enlistment contract was
extended until his 60th birthday.  A DD Form 149 (Application for
Correction of Military Record) was enclosed so that he could make
application for relief.

13.  A staff member of the Retired Pay Operations, Cleveland Center,
verified on 11July 2006 that the applicant is currently receiving retired
pay.

14.  Army Regulation 135-178, prescribes the policies and procedures for
the separation of ARNG and USAR enlisted Soldiers.  Chapter 11-1 of this
regulation specifies that on expiration of term of enlistment,
reenlistment, or period of statutorily obligated service, the Solider will
be discharged by the separation authority.

15.  Army Regulation 135-178, chapter 12-4, in effect at the time,
specifies that an enlisted Soldier who attains age 60, unless granted a
waiver, will be discharged by the separation authority or, if eligible and
the Soldier applies, be transferred to the Retired Reserve.

16.  Army Regulation 135-180 (ARNG and USAR Qualifying Service for Retired
Pay Nonregular Service), indicates, in pertinent part, that to be eligible
for retired pay, an individual does not need to have a military status at
the time of application for retired pay, but must have (1) attained age 60;
(2) completed a minimum of 20 years of qualifying service; and, (3) served
the last 8-years of his or her qualifying service as a Reserve Component
(RC) soldier.  The requirement to serve the last 8 years in a RC has since
been amended to the last 6 years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was qualified for transfer to the Retired Reserve in view
of his completion of 31 qualifying years of service for Reserve retirement
as of 30 January 2005.  It appears that a discharge order was automatically
produced discharging him from the USAR effective 2 February 2005, since he
did not request transfer to the Retired Reserve.  The applicant was
mandatorily placed on the retired list effective 11 February 2005, his 60th
birthday.

2.  There is also no evidence in the available records, and the applicant
has provided none, to show that he requested transfer to the Retired
Reserve prior to his ETS to remain in an active status; however, had the
applicant been given a choice or the opportunity to request transfer to the
Retired Reserve it is likely he would have done so prior to his ETS of 30
January 2005.

3.  It would now be equitable and just to correct his military records by
voiding his 2 February 2005 discharge from the USAR and assigning him to
the Retired Reserve effective 29 January 2005.  The applicant has already
started receiving retired pay and his entitlement will not be affected by
this correction.

4.  In view of the foregoing, the Department of the Army records should be
corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__AR____  __LD___  _PMT____  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:


      a.  by revoking his 2 February 2005 discharge from the United States
Army Reserve Control Group (Reinforcement); and


      b.  by showing that he was transferred to the Retired Reserve
effective 29 January 2005.




                                  _____Allen L. Raub _______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050014995                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |136.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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