RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2006
      DOCKET NUMBER:  AR20050015243


      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. Maria C. Sanchez              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Marla J. N. Troup             |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Mr. John G. Heck                  |     |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 awarded sufficient points
to certify the years 1994 and 1995 as qualifying years towards retirement.

2.  The applicant states that he was an Individual Mobilization Augmentee
(IMA) Soldier and due to budgetary issues, the command could not finance
Annual Training (AT).  He continues that based on the situation, the
minimum points required to earn a qualifying year was reduced from 50
points to 25 points.

3.  The applicant further states that he met the requirements by completing
correspondence courses which gave him 29 points for 1994 and 33 points for
1995 and that these years should have been listed as a qualifying years;
however, they are not.  He continues that communication with officials at
99th Regional Support Command informed him that they could only certify
years in which he achieved 50 points.

4.  The applicant contends that he satisfied the IMA Reserve requirements
for the years 1994 and 1995 and deserves to have them documented as
qualifying retirement years which will give him 18 years instead of 16
years as currently shown.

5.  The applicant provides a printout of his Retirement Points Accounting
Statement (RPAS), dated 13 October 2005; a U.S. Total Army Personnel
Command memorandum; a United States Army Intelligence and Security Command
memorandum; and a self-authored statement, dated 13 October 2005, in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 20 October 1987 for a
period of three years.  He continued to serve until he was honorably
separated on 2 January 1993 for the purpose to attend an educational
facility.  On 3 January 1993, he enlisted in the United States Army Reserve
and continued to serve until he was commissioned as a warrant officer one
on 20 December 1996.  The applicant is currently serving as a chief warrant
officer three in the Active Guard Reserve Program.

2.  The applicant submitted an undated U.S. Total Army Personnel Command
memorandum regarding "1994 Individual Ready Reserve (IRR)/Individual
Mobilization Augmentee (IMA) Promotion Board."  This memorandum indicates
that the applicant was tentatively identified as eligible to be considered
for promotion to the higher grade.  This memorandum also state that the
following criteria, in part, must be met:

      a.  Be a satisfactory participant and assigned to the IRR which
includes IMA or Standby Reserve (Active List) for a minimum of one year as
of 4 October 1994.


      b.  Having earned a minimum of 27 retirement points in either period
of 5 April 1992 to 4 April 1993 or 5 April 1993 to 4 April 1994.

3.  The applicant submitted an undated United States Army Intelligence and
Security Command memorandum which informed the applicant that Army
Regulation 140-1 (Mission, Organization, And Training) requires that each
IMA Soldier to perform Annual Training (AT) per fiscal year.  The
memorandum further informed that some IMAs were unable to perform their AT
in Fiscal Year 1993 and 1994 due to a shortage of funding and that this
situation might occur again in Fiscal Year 1995.

4.  This memorandum also stated that it would be in the applicant's best
interest to submit a DA Form 1058 (Application for Active Duty for
Training, Active Duty for Special Work, Temporary Tour of Active Duty, and
Annual Training for Soldiers of the Army National Guard and U.S. Army
Reserve) to the Intelligence Directorate for Reserve Affairs (IDRA) no
later than 30 November 1994, so the staff can process his AT request as
soon as possible.  The applicant was further informed that if his request
is received later than the date stated, the staff cannot assure that his AT
request will be funded by Army Reserve Personnel Center.

5.  The applicant submitted a printout of his RPAS, dated 13 October 2005.
This statement shows the entries "00 00 00" under "Qualifying for
Retirement YRS MOS DAYS" for the periods 24 December 1993 through 23
December 1994 and 24 December 1994 through 23 December 1995 while in the
USAR.

6.  An advisory opinion, dated 9 January 2005, from the U.S. Army Human
Resources Command was provided in this case.  They advised that a Soldier
must earn at least 27 points to be considered eligible for promotion, but
Army Regulation 140-185 indicates that a reserve Soldier must earn a
minimum of 50 points to have a qualifying year for retirement purposes.

7.  The advisory opinion concludes that a review of the applicant's records
show he earned 33 points for the RYE 1993 (18 points for an extension
course and 15 membership points) and 29 points for RYE 1994 (14 points for
an extension course and 15 membership points).
8.  Army Regulation 140-1 provides policy guidance on the mission,
organization, and training of the U.S. Army Reserve (USAR).  Paragraph
3–23c states, in part, that IMAs must perform at least 12 days of annual
training exclusive of travel time per fiscal year with the command/agency
to which they are assigned.

9.  Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular
Service) provides statutory authorities governing the granting of “retired
pay” to soldiers and former Reserve components soldiers.  Paragraph 2-8b
states, in part, that a reservist must earn a minimum of 50 retirement
points each retirement year to have that year credited as qualifying
service.

10.  Army Regulation 140-145 (Individual Mobilization Augmentation (IMA)
Program) establishes policies and procedures for the employment,
utilization, and management of the Individual Mobilization Augmentation
(IMA) Program.  Paragraph 4-6d states that IMA proponent agencies are
encouraged to provide their IMA Soldiers with every opportunity to perform
additional training projects for retirement points to help them maintain
proficiency and earn sufficient retirement points (50) to earn a qualifying
retirement year.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that due to his command's insufficient funding
in 1994 and 1995, he was not able to attend AT which prevented him from
acquiring the points needed to have two qualifying years for purpose of
retirement.

2.  Evidence shows the applicant's command did not have sufficient funds to
send him to AT in 1994 and 1995, and based on the situation, a promotion
waiver was given so he would meet the requirements for promotion to the
next higher grade.

3.  There is no evidence which shows when the applicant was notified that
there would be insufficient funding for AT for the FY 1994.  Evidence shows
the applicant did not obtain 50 retirement points necessary to have a
qualifying year for retirement in 1994 and in 1995.

4.  Evidence shows that for the FY 1995, the applicant was notified to
submit a request for AT by November 1994 for processing.  There is no
evidence and the applicant did not submit any evidence which shows he
submitted a DA Form 1058 requesting AT for the FY 1995 and showing that the
request was denied.



5.  Notwithstanding the advisory opinion, each officer is primarily
responsible for his or her own career.  In order to justify correction of a
military record the applicant must show to the satisfaction of the Board,
or it must otherwise satisfactorily appear, that the record is in error or
unjust.  The applicant has failed to submit evidence that would satisfy
this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_RR____  _MJNT___  _JHG___  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.




                                      _Marla J. N. Troup___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050015243                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/10/26                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  303  |129.0100.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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