RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 October 2006
      DOCKET NUMBER:  AR20050016026


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Mr. Bernard P. Ingold             |     |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 proper credit for
his service during the period 5 May 1996 to 4 May 1998 and also awarded the
minimum of 50 creditable points for each of the five years beginning 5 May
2000 through 4 May 2005.

2.  The applicant states, in effect, that he was released from active duty
on
31 August 1992 and reassigned to the U.S. Army Reserve (USAR) Control
Group, Individual Ready Reserve (IRR).  At that time, the applicant states,
in effect, that the USAR Personnel Center (ARPERCEN) adjusted his
retirement year (beginning date) from 5 May to 1 September based on the
assumption that he was a Regular Army officer and that was what the Army
regulations directed.  The applicant also states, in effect, at the time he
was working on the non-resident Command and General Staff Officer Course
and continued to do so over the next two years in order to earn retirement
points, but was unable to find a position in a Troop Program Unit (TPU).
He also states that he was pursuing two master degrees (in Architecture and
Management) and did not earn retirement points for about two and a half
years.  The applicant further states that after he graduated and relocated
to Maryland, he searched for a TPU position, but was unable to find one.

3.  The applicant also states, in effect, his personnel management officer
advised him that his only option was to do correspondence courses in order
to earn retirement points.  He adds, in effect, he was later advised he
would be allowed to attend annual training each year.  The applicant states
that, due to the difficulty of finding ways to earn retirement points, he
was careful to time his annual trainings so that they would be credited to
the maximum effect.  Then, in 1997, the applicant states that ARPERCEN
discovered their mistake and changed his retirement year beginning date
back to 5 May.  Concurrently, he was reassigned to an Individual
Mobilization Augmentee (IMA) position at Headquarters, First U.S. Army,
where he performed annual training.  He also states that he started
drilling for retirement points at Fort Detrick, Maryland, and because his
retirement year ending (RYE) date was changed, he ended up with credit for
two annual trainings in RYE 4 May 1998 and too many extension course points
being pushed back to RYE 4 May 1997.  The net result was that he was not
credited with enough points in RYE 4 May 1998 for a qualifying year.

4.  The applicant also states, in effect, that from 1997 until the Spring
of 2000, he continued to drill at Fort Detrick.  He was considered for
promotion to lieutenant colonel (LTC) in 1998 and 1999.  He furthers
states, in effect, that in both instances he discovered that ARPERCEN had
lost nearly all of his records and he attempted to correct his records by
sending letters to the president of the boards, along with copies of the
missing records authorized for review by the board.  However, he later
learned that these documents were not included in his promotion file.
After twice being considered for promotion and non-selected, the applicant
was reassigned to the Retired Reserve, effective 31 July 2000.

5.  The applicant further states, in effect, that he became aware of the
Stand-by Board for promotion reconsideration and made his initial
application on 8 August 2002 after reconstituting his records.  On 25 April
2005, the applicant was reinstated in the USAR and promoted to LTC with a
date of rank of 12 April 2000, effective 9 May 2000.  The applicant states
that he was informed that he would receive credit for the years he had been
involuntarily assigned to the Retired Reserve; however, in June 2005 when
he received an updated Chronological Statement of Retirement Points, he was
only credited with 15 membership points for each of his retirement years
from 2001 through 2005.  The applicant now appeals to this Board to correct
his record by awarding him the minimum
50 creditable points for each of the years in question, thereby removing
the injustice that occurred that resulted from twice being non-selected for
promotion and reassigned to the Retired Reserve.

6.  The applicant provides a self-authored statement, dated 14 October
2005; Headquarters, U.S. Army Reserve Personnel Command (AR-PERSCOM),
St. Louis, Missouri, ARPC-PSRC12-03-O000, Orders C-07-021470, dated
31 July 2000; Headquarters, U.S. Army Human Resources Command (USA  HRC),
St. Louis, Missouri, AHRC-PAPT2-03-O000, Orders C-07-021470R, dated 25
April 2005; Headquarters, USA HRC, St. Louis, Missouri, AHRC-MSL-N, Orders
B-06-503201, dated 23 June 2005; Headquarters, USA HRC, St. Louis,
Missouri, AHRC-RSECO2-03-O214, Orders C-07-514339, dated 13 July 2005; and
AHRC Form 249-2-E (Chronological Statement of Retirement Points), dated 9
June 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he was appointed a
second lieutenant in the USAR on 5 May 1979, completed the Armor Officer
course, and was branch detailed as an Armor officer.  On 27 August 1980,
the applicant was ordered to active duty.  He was promoted to the grade of
rank of captain (CPT) on 1 November 1983.

2.  The applicant's military service records contain a copy of a DD Form
214. This document shows, in pertinent part, that the applicant was
discharged in the grade of rank of CPT (O-3), effective 31 August 1992.
This document also shows that the applicant was honorably released from
active duty under the provisions of Army Regulation 635-100 (Officer
Personnel Separations), Chapter 3, after completing a total of 12 years and
4 days net active service, that he received Special Separation Benefits
(SSB) that included a lump sum payment in the amount of $69,597.15, and
that he was transferred to the USAR Control Group (Reinforcement).

3.  The applicant's military service records contain a copy of a DA Form
1059 (Service School Academic Evaluation Report), dated 11 January 1994.
This document shows, in pertinent part, that the applicant was enrolled in
the non-resident Command and General Staff Officer Course from 2 February
1990 through 11 January 1994 and that he completed the course.

4.  The applicant's military service records contain a copy of a memorandum
from the Chief, Office of Promotions, Reserve Components, U.S. Total Army
Personnel Command, St. Louis, Missouri, dated 12 August 1994, subject:
Promotion as a Reserve Commissioned Officer of the Army Under Title 10 of
United States Code.  This document shows, in pertinent part, that the
applicant was promoted to the grade of rank of major, effective 1 September
1992.

5.  The applicant's military service records contain a copy of a DA Form
1059, dated 4 November 1996.  This document shows, in pertinent part, that
the applicant was enrolled in the non-resident Senior Transportation
Officer Qualification (Motor) Course from 6 December 1995 through 4
November 1996 and that he completed the course.

6.  The applicant's military service records contain a copy of a DA Form
1059, dated 13 August 1998.  This document shows, in pertinent part, that
the applicant was enrolled in the non-resident Reserve Component Senior
Transportation Officer Qualification (Marine/Terminal) Course from 27 June
1997 through
13 August 1998 and that he completed the course.

7.  The applicant's military service records contain a copy of a letter
from the Chief, Office of Promotions, Reserve Components, AR-PERSCOM, St.
Louis, Missouri, dated 9 May 2000, subject:  Notification of Promotion
Status.  This document shows, in pertinent part, that the applicant was
notified that he was considered for promotion by the Department of the Army
Reserve Components Selection Board, but not selected for promotion.
8.  The applicant's military service records contain a copy of
Headquarters,
AR-PERSCOM, St. Louis, Missouri, ARPC-PSRC12-03-O000, Orders
C-07-021470, dated 31 July 2000, which show the applicant was released from
the USAR Control Group (Reinforcement), based on non-selection for
promotion, and assigned to the Retired Reserve, effective 31 July 2000.

9.  The applicant's military service records contain a copy of
Headquarters, USA HRC, St. Louis, Missouri, AHRC-PAPT2-03-O000, Orders C-07-
021470R, dated 25 April 2005, which revoked Headquarters, AR-PERSCOM, St.
Louis, Missouri, ARPC-PSRC12-03-0000, Orders C-07-021470, dated 31 July
2000, which had assigned the applicant to the Retired Reserve, effective 31
July 2000.

10.  The applicant's military service records contain a copy of
Headquarters, USA HRC, St. Louis, Missouri, AHRC-MSL-N, Orders B-06-503201,
dated 23 June 2005, which show the applicant was promoted to the grade of
rank of LTC, with a date of rank of 12 April 2000, effective 9 May 2000.

11.  The applicant's military service records contain a copy of
Headquarters, USA HRC, St. Louis, Missouri, AHRC-RSECO2-03-O214, Orders C-
07-514339, dated 13 July 2005, which show the applicant was released from
the USAR Control Group (Reinforcement), assigned as an IMA to the USA HRC,
Alexandria, Virginia, effective 12 July 2005.

12.  The applicant's military service records contain a copy of AHRC Form
249-2 (Chronological Statement of Retirement Points), dated 9 June 2005,
which shows, in pertinent part, that the applicant had completed 17
qualifying years, at the time the form was produced.  This document shows,
in pertinent part, that the month and day for the applicant's retirement
year beginning date is 5 May and the month and day for his retirement year
ending date is 4 May.  This document also shows, in pertinent part, that
the applicant was credited with 23 extension course points and a total of
38 retirement points for RYE 4 May 1997, and that he was credited with 0
extension course points and a total of 40 retirement points for RYE 4 May
1998.  This document further shows, in pertinent part, that beginning 5 May
2000 through RYE 4 May 2005, he was credited with 15 membership points each
year, but not credited with any qualifying years for retirement.

13.  In connection with the processing of this case, an advisory opinion
was obtained from Headquarters, USA HRC, 99th Regional Support Team, St.
Louis, Missouri.  The advisory official indicated that the records of the
applicant fail to show that he earned active duty and inactive duty points
during the RYE 2001
through 2005.  (However, the Board notes that the applicant's AHRC Form
249-2-E, dated 9 June 2005, shows that he earned 6 active duty points
during RYE 4 May 2001.)

14.  The applicant was provided a copy of the USA HRC advisory opinion in
order to have the opportunity to respond.  To date, the applicant has
failed to provide a response.

15.  Army Regulation 140-185 (Training and Retirement Point Credits and
Unit Level Strength Accounting Records) prescribes the types of training
and activities for which retirement points are authorized.  It discusses
the procedures for recording retirement point credits and training for USAR
Soldiers.  Paragraph
1-4 (Establishment of retirement year) of this document provides, in
pertinent part, that the retirement year once established will not change
as long as the Soldier has continuous service in an active status in a
Reserve and/or regular component.  It will change when there is a break in
active status. For example,
if a Soldier initially entered active status in Reserve Component on 5 May
1968, entered the Regular Army on 5 July 1970 without a break, transferred
to an active status in Reserve Component on 5 July 1973, then the Soldier's
retirement year would be 5 May through 4 May.  This paragraph also
provides, in pertinent part, that when it is determined that the retirement
year ending date shown on the DA Form 1383 (Annual or Terminal Statement of
Retirement Points) or any other authorized retirement point credit form is
incorrect, a letter requesting correction will be submitted to the
appropriate area commander or Commander, USA HRC, St. Louis, Missouri.

16.  Army Regulation 135-180 (Qualifying Service for Retired Pay Non-
Regular Service) implements statutory authorities governing the granting of
"retired pay" to Soldiers and former Reserve Component Soldiers.  Chapter 2
provides eligibility criteria and, in pertinent part, states that in order
to qualify for non-regular retirement a member must have attained age 60,
completed a minimum of 20 years of qualifying service, and served the last
6 years of his or her qualifying service as a Reserve Component Soldier.
Paragraph 2-8 defines qualifying service and states, in pertinent part,
that a Reserve Component Soldier must earn a minimum of 50 retirement
points each retirement year to have that year credited as qualifying
service.

17.  Army Regulation 135-155 (Promotion of Commissioned Officers and
Warrant Officers other than General Officers) prescribes policy and
procedures used in the selection and promotion of commissioned officers of
the Army National Guard of the United States (ARNGUS) and the commissioned
and warrant officers of the USAR.  Paragraph 3-22 (Correction of military
records as a result of a special selection board action) of this document
provides, in pertinent part, that if the report of a special selection
board, approved by the President, recommends for promotion to the next
higher grade an officer not currently eligible for promotion, or a former
officer whose name was referred to it, the Secretary of the Army may act
through the Army Board for Correction of Military Records (ABCMR) under
Title 10 United States Code, section 1552, to correct the military record
of the officer or former officer to correct an error or remove an injustice
resulting from not being selected for promotion by the board which should
have considered, or which did consider, the officer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he should be awarded proper
credit for his service during the period 5 May 1996 to 4 May 1998 because
the dates for his retirement year were improperly adjusted and this caused
him to have too many extension course points in the RYE 1997 and too many
active duty points in the following RYE 1998, which resulted in him not
being credited with enough points for a qualifying year in RYE 4 May 1998.
The applicant also contends, in effect, that he should be awarded the
minimum of 50 creditable points for each of the five retirement years
beginning 5 May 2000 through 4 May 2005 because Army regulatory guidance
provides that the Secretary of the Army may act through the ABCMR to
correct the military record of an officer to correct an error or remove an
injustice resulting from not being selected for promotion.  The applicant
claims, in effect, these errors occurred despite reasonable efforts on his
part to correct them.

2.  The evidence of record shows that the applicant's retirement year has
been correctly established as 5 May through 4 May.  The evidence of record
also shows that extension course points for non-resident courses completed
during the period in question are properly credited to the corresponding
retirement year. There is no evidence of record that shows the applicant's
retirement year beginning date was changed from 5 May to 1 September after
he was released from active duty on 31 August 1992.  Moreover, the
applicant failed to provide documentary evidence showing that he submitted
to the appropriate commander a letter requesting correction of his
retirement year date and/or the response he received concerning such a
request.  Therefore, the applicant is not entitled to adjustment of his
retirement points to show sufficient extension course points or active duty
points in order for him to be credited with a qualifying year for his RYE 4
May 1998, nor for his RYE 4 May 1997.

3.  The evidence of record shows that the applicant was assigned to the
Retired Reserve, effective 31 July 2000, based on his non-selection for
promotion.  The evidence of record also shows that the applicant was
selected for promotion by a special selection board which adjourned on 16
March 2004; that his assignment to the Retired Reserve on 31 July 2000 was
revoked on 25 April 2005, thereby granting the applicant de facto status in
the USAR Control Group (Reinforcement); and that he was promoted to the
grade of rank of LTC, with a date of rank of 12 April 2000, effective 9 May
2000.  The evidence of record further shows that the applicant was released
from the USAR Control Group (Reinforcement) and assigned as an IMA to the
USA HRC, effective 12 July 2005.

4.  The evidence of record also shows that the applicant was credited with
membership points, but did not earn any inactive or active duty points
during his assignment to the Retired Reserve.  (The Board notes that the
applicant's AHRC Form 249-2-E, dated 9 June 2005, shows that he earned 6
active duty points during RYE 4 May 2001, which were earned prior to his
assignment to the Retired Reserve.)  The evidence of record further shows
that USAR officials recognized that the applicant's assignment to the
Retired Reserve was in error when they revoked that assignment and then
promoted the applicant (with an antedated promotion) approximately 5 years
later.  Consequently, the applicant's failure to earn the minimum 50
retirement points required for a qualifying year during the period of his
assignment to the Retired Reserve was a direct result of actions taken by
Army officials that were related to the applicant's non-selection for
promotion and, therefore, should be corrected.  In addition, based on the
applicant's record of service, it is reasonable to assume that had he
remained assigned to the USAR Control Group (Reinforcement), the applicant
would have continued to earn the minimum 50 retirement points required for
a qualifying year for each of the retirement years in question.

5.  Therefore, In light of the foregoing, it would be appropriate, to
credit the applicant with sufficient points for retirement years ending
2001, 2002, 2003, 2004, and 2005 to give the applicant creditable "good"
years for retirement.  In addition, the applicant should be paid all
applicable pay and allowances for the points so credited.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JEA__  ___JAM__  __BPI ___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation of partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected as follows:

      a.  Credit the applicant's last five (5) USAR retirement years,
beginning with RYE 4 May 2001 through RYE 4 May 2005, as follows:

                                          AD Point Total Pts Creditable
      Beginning Date   Ending Date           Adjustment   (Points for Ret.
Pay)

      2000 05 05       2001 05 04       Credit:   29            50
      2001 05 05       2002 05 04       Credit:   35            50
      2002 05 05       2003 05 04       Credit:   35            50
      2003 05 05       2004 05 04       Credit:   35            50
      2004 05 05       2005 05 04       Credit:   35            50

      b.  As a result of the correction noted above, the applicant is
entitled to all applicable pay and allowances for the points credited for
RYE 4 May 2001, 4 May 2002, 4 May 2003, 4 May 2004, and 4 May 2005.

      c.  As a result of the above administrative correction, certify the
applicant eligible for retired pay, in the rank of lieutenant colonel/pay
grade O-5, upon the applicant attaining his 60th birthday.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
adjusting any retirement point credit for the applicant's service during
the period 5 May 1996 to 4 May 1998.




                                  ____James E. Anderholm____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016026                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061031                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |135.0200.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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