RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         13 July 2006
      DOCKET NUMBER:  AR20050016104


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Robert J. Osborn              |     |Chairperson          |
|     |Mr. John M. Moeller               |     |Member               |
|     |Ms. Naomi Henderson               |     |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, service credit for 20 years of
qualifying service for non-regular retired pay at Age 60.

2.  The applicant states, in effect, his service time should be adjusted to
allow him to receive non-regular retired pay based on his service in the
Reserve Component (RC) of the United States Army.  He claims that when he
transferred from Maryland to Michigan in his civilian job in December 1988,
there were no aviation slots available in the Michigan Army National Guard
(ARNG).  He claims to have contacted an Aviation Branch personnel official
to find out how he could obtain his 20 years of service; however, based on
the extended absences of the personnel official he was working with, he was
not able to resolve this situation for 20 months.  He states that in March
1990, he was able to discuss his situation with another aviation branch
official, and she advised him that he would be retained to complete 20
years of service.  He claims at this point he thought things were settled;
however, this was the last communication he received.  At that point, he
became frustrated, and was busy with his civilian job, and put all this on
the back burner.  He explains the personal problems he had with his son and
other factors that prevented him from pursuing the issue after 1990.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Statement; United States Army Human Resources
Command,
St. Louis, Missouri (HRC-St. Louis) Letter, dated 13 October 2005; Michigan
Department of Military and Veterans Affairs Letter, dated 8 August 2005;
Congressional Inquiry to Senator John McCain; ARNG Separation Document (NGB
Form 22); and Evaluation Report Extracts.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 1 September 1998, the date of his discharge from the
United States Army Reserve (USAR).  The application submitted in this case
is dated
19 October 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 record shows that he was commissioned and entered the
Maryland Army National Guard as a commissioned officer on 1 November 1968.
He entered active duty on 16 October 1969, and served in that status for 4
years, 9 months, and 6 days until 21 July 1974, at which time he was
honorably released from active duty in the rank of captain.

4.  On 1 December 1987, he was honorably discharged from the Maryland ARNG
and transferred to the USAR Control Group.  The NGB Form 22 he was issued
at the time shows he completed a total of 12 years, 10 months, and
28 days of military service during the period, and a total of 5 years, 8
months, and 21 days of prior active military service.

5.  A Retirement Credits Report from the Maryland ARNG on file shows that
between 1975 and 1987, the applicant completed 12 years of qualifying
service for non-regular retirement.

6.  On 21 December 1988, the applicant was informed that he had been twice
non-selected for promotion, and that he had the options of requesting
retention to complete 20 years of qualifying service, requesting discharge
from the USAR, or requesting transfer to the Retired Reserve.  The
applicant opted to be retained to complete 20 years of qualifying service.

7.  A Retirement Points Summary from HRC-St. Louis shows that between
1 November 1990 and 1 September 1998, the applicant earned 118 points;
however, he earned no qualifying years for non-regular retirement purposes.


8.  On 1 September 1998, the applicant was honorably discharged from the
USAR.

9.  In an HRC-St. Louis Letter, dated 13 October 2005, the Supervisor,
Retirements and Annuities, informed the applicant that he was not eligible
for retirement because he had not completed twenty or more years of
qualifying service as a Reservist.  It further indicates that the law
defines a qualifying year as a complete year during which a member earned
fifty or more retirement points through active participation with the Army.
 Membership in the Individual Ready Reserve (IRR) does not, in itself,
constitute a qualifying year.  However, it does count in determining the
pay scale under which a Soldier retires.

10.  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 and the
procedures for recording retirement point credits and training for USAR
Soldiers.  Paragraph 2-2 outlines the criteria for earning retirement
points.  It states that retirement points may be earned by USAR soldiers
for AD, or while in an active Reserve status, for ADT, IADT, involuntary
ADT, annual training (AT), inactive duty training (IDT), Reserve
membership, and for other activities specified in this regulation.  The
regulation stipulates that a Soldier must earn 50 retirement points within
one year for it to be considered a qualifying year for non-regular
retirement purposes.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be granted service credit
that would allow him to qualify for non-regular retirement, and the
supporting documents he submitted, were carefully considered.  However,
there is insufficient evidence to support granting the requested relief.

2.  The evidence of record confirms that between 1968, when he initially
enlisted in the Maryland ARNG and 1997, when he was discharged from the
USAR, while he completed over 19 years of service for pay purposes, he
completed just under 17 years of qualifying service for retirement
purposes.  The record also shows that he was retained in the USAR in 1990;
however, a retirement points summary for the period 1990 through 1998
confirms he earned no qualifying years for retirement during this period.
Therefore, there is an insufficient evidentiary basis to grant the
requested relief.

3.  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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 September 1998, the date of his
discharge from the USAR.  Therefore, the time for him to file a request for
correction of any error or injustice expired on 31 August 2001.  He failed
to 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

___RJO _  __JMM__  ___NH __  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.




                                  _____Robert J. Osborn____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016104                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/07/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1998/09/01                              |
|DISCHARGE AUTHORITY     |AR 135-175                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |135-0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]