RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 August 2006
      DOCKET NUMBER:  AR20050017279


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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, credit for his United States Naval
Reserve (USNR) service time.

2.  The applicant states, in effect, that his start date of service is
indicated in his retired pay record as 25 December 1949.  The actual start
date was 28 April 1944 per his NAVPERS 663-B Form (Bureau of Naval
Personnel, Navy Department Certificate).

3.  The applicant provides copies of his NAVPERS 663-B, his Chronological
Record of Military Service, and his Army National Guard (ARNG) Honorable
Discharge Certificate, his Member Entitlement Data sheet, and his Durable
General Power of Attorney, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 26 June 1986, the date his years of service credited for
retirement or retired pay was recomputed.  The application submitted in
this case is dated 17 November 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 military records show he enlisted in the USNR effective
28 April 1944.  He was honorably discharged effective 31 May 1946.  He was
issued a NAVPERS-553 (Notice of Separation From USN Service) that shows he
was credited with 2 years, 1 month, and 4 days net service.

4.  He enlisted in the New York (NY) ARNG, as a private, pay grade E-1,
effective 10 August 1950.  He was ordered to active duty effective 19
August 1950, for 24 months.  He was released from active duty effective 23
May 1952 and reverted to NYARNG Control.  He was credited with 1 year, 9
months, and 5 days total service.

5.  He reenlisted in the NYARNG effective 11 November 1953.  He entered on
active duty effective 1 October 1961.  He was separated from active duty
effective 5 August 1962 and reverted to the NYARNG.

6.  He was separated from the NYARNG, in pay grade E-7, effective 19
January 1986 and transferred to the Retired Reserve.  His NGB Form 22
(Report of Separation and Record of Service) shows he was credited with 23
years, 1 month, and 9 days net service.

7.  His Chronological Record of Military Service shows he was credited with
2 years, 1 month, and 4 days qualifying years for retired pay for his
enlisted service in the United States Naval Reserve from 28 April 1944 to
31 May 1946.  He was also credited with 35 years, 10 months, and 16 days
qualifying years for retirement as of 19 January 1986, which included his 2
years, 1 months and 4 days USNR service time.  It also shows he was
credited with 36 years and 25 days total qualifying services for longevity
pay purposes.

8.  His records contain a DA Form 3713 (Data for Retired Pay), dated 29 May
1986, that shows he was credited with 35 years, 10 months, and 16 days
qualifying years of service for retirement.

9.  His records also contain a DA Form 3713 (Data for Retired Pay), dated
26 June 1986, that shows his service was recomputed to include service and
points not verified when he was placed on the Army of the United States
Retired List.  The recomputation credited him with 36 years and 25 days
qualifying years of service for retirement.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not
entitled to correction of his qualifying years of service for retirement.
He has not shown error, injustice, or inequity for the relief he now
requests.

2.  The applicant contends that he did not receive credit for his USNR
service.  However, the evidence of records show the applicant was credited
with 2 years, 1 month, and 4 days qualifying years of service in the USNR
from 28 April 1944 to 31 May 1946.  His total qualifying years of service
for retirement as of 19 January 1986 included the computation of USNR from
28 April 1994 to 31 May 1946 and not, 25 December 1949, as he contends.
Therefore, there is no error found in the computation of his years of
service credited for retirement or retired pay.

3.  In view of the foregoing, there is no basis for granting the
applicant's request.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 June 1986, the date his years of
service credited for retirement or retired pay was recomputed; therefore,
the time for the applicant to file a request for correction of any error or
injustice expired on 25 June 1989.  The applicant did not 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

__JLP___  ___LDS_  ___J_____  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.




                                  _____Linda D. Simmons_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017279                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060822                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |129.01                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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