RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            01 JUNE 2006
      DOCKET NUMBER:   AR20050012525


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Mr. David Haasenritter            |     |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 credited with points only
for the drills he performed from September 2004 through May 2005.

2.  The applicant states that he was attached as a Retired Reservist to a
Senior Reserve Officer Training Corps (ROTC) unit to drill for points only.
 He goes on to state that when he submitted the DA Forms 1380 (Record of
Individual Performance of Reserve Duty Training) to be credited with the
points he earned, he was informed that the orders attaching him to the unit
for points only should never have been published because Retired Reservist
cannot drill for points only. He continues by stating that while a mistake
may have been made, the fact remains that he performed the duties every
month for 10 months and he should receive credit for the drills he attended
because he did so under orders and in good faith.

3.  The applicant provides DA Form 1380s for the period of September 2004
through May 2005, a copy of orders published by the Human Resources Command
– St. Louis (HRC-STL) on 18 August 2004, authorizing him to be attached to
a Senior ROTC (SROTC) unit in Connecticut, effective 6 August 2004, for
training/points only, and a copy of orders published by HRC-STL dated 12
May 2005, revoking the 18 August 2004 orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 14 July 1958 and 1 July 1999, he was issued
his 20-Year Letter. He was promoted to the rank of lieutenant colonel in
the United States Army Reserve (USAR) on 16 May 2002 and has a Mandatory
Removal Date (MRD) of 23 June 2008.

2.  On 2 April 2004, orders number 04-093-00006 were published by
Headquarters, 98th Division (Institutional Training) in Rochester, New
York,  which transferred him to the USAR Control Group (Retired), effective
25 June 2004, due to completion of 20 years or more of qualifying service
for retired pay at age 60.

3.  Orders were published on 18 August 2004 which authorized the applicant
to be attached to a SROTC unit in Connecticut to drill for points only.
The orders specified that he was in the Retired Reserve.  Those orders were
revoked on 12 May 2005.

4.  The DA Forms 1380 provided by the applicant show that he drilled with
the University of Vermont Army ROTC during the period of September 2004
through May 2005.  The DA Form 1380 provided by the applicant for the month
of February 2005 shows no assignment of hours or points during that month.

5.  Army Regulation 140-185, Training and Retirement Points Credits and
Unit Level Strength Accounting Records, prescribes the types of training
and activities for which retirement points are authorized.  It provides, in
pertinent part, that retirement points are only awarded to USAR personnel
who are in an active status.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the fact that the applicable regulation provides that
retirement points may only be credited to personnel in an active USAR
status, the applicant was under orders that authorized him to drill for
points only and he did so in good faith from September 2004 until May 2005.

2.  Although at the time the orders were subsequently found to be erroneous
and were properly revoked, this has created an injustice that should be
corrected at this time.  The applicant should receive the credit that he
earned during the period in question; however, HRC-STL should coordinate
with the applicant to insure proper completion of the DA Forms 1380.

3.  Accordingly, it would be in the interest of justice to correct his
records to show that he was assigned to the Retired Reserve on 25 June
2005, instead of 25 June 2004, that the revocation of the attachment order
(Orders
C-08-420802R) dated 12 May 2005, should be revoked and that his records be
corrected to reflect the retirement points he earned during the period of
September 2004 through May 2005, when he drilled for points only.

BOARD VOTE:

___WP__  ___TR___  ____DH _  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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

      a.  showing that the applicant was transferred to the Retired Reserve
on 25 June 2005 instead of 25 June 2004;


      b.  revoking HRC-STL Orders C-08-420802R, dated 12 May 2005; and


      c.  the HRC-STL coordinating the proper completion of the DA Forms
1380 to insure that the applicant is credited with all retirement points
(points only) earned up until he was transferred to the Retired Reserve on
25 June 2005.





                                  ______William Powers_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050012525                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060601                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20050625                                |
|DISCHARGE AUTHORITY     |AR 135-180. . . . .                     |
|DISCHARGE REASON        |RETIREMENT (USAR-Non Regular)           |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |334/RET PTS                             |
|1.135.0200              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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