RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         29 August 2006
      DOCKET NUMBER:  AR20060000532


      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. Paul M. Smith                 |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Ronald D. Gant                |     |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, some form of military retirement.

2.  The applicant states, in effect, that he believes he is entitled to
some retirement benefits that he has never received.

3.  The applicant provides no additional documentary evidence in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 8 February 1954, the date of his transfer to the Retired
Reserve.  The application submitted in this case is dated 2 January 2006.

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 appointed a second lieutenant
in the Army of the United States on 4 June 1934.  He entered active duty on
25 January 1941, and served for 2 years, 1 month and 19 days until being
honorably released from active duty on 31 December 1945.  He continued to
serve as a Reserve officer until being transferred to the Retired Reserve
on 8 February 1954.

4.  A Chronological Record of Service for Retired Pay (USAAC Form 589-1),
dated 19 March 1968, confirms the applicant completed a total of 15 years,
0 months, and 27 days of qualifying service for retirement purposes.

5.  On 17 June 2002, the Chief, Transition and Separations Branch, United
States Army Reserve Personnel Command (ARPERSCOM) responded to the
applicant's application for retired pay benefits. This official informed
the applicant that in order to be eligible for retired pay at age 60, a
member must have completed a minimum of 20 qualifying years for retirement.
 He further notified the applicant that an audit of his military records
showed that he had completed a total of 35 years, 2 months, and 9 days of
military service; however, only 15 years and 27 days of that total service
was qualifying service for retirement purposes.

6.  Title 10 of the United States Code, Section 12731 provides the legal
authority for non-regular retirement at age 60.  It states, in pertinent
part, that members who have performed at least 20 years of qualifying
service are eligible to receive non-regular retired pay at age 60.

7.  10 USC 12732 provides guidance on entitlement to retired pay, and
computing qualifying service.  It states, in effect, that qualifying year
is one in which a member earned at least 50 points.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should receive some retirement was
carefully considered.  However, there is insufficient evidence to support
this claim.  By law and regulation, in order to qualify for non-regular
retirement, a member must complete at least 20 qualifying years of service.


2.  The evidence of record confirms that while the applicant accrued more
than 35 years of military service, only 15 years and 27 days of that
service was qualifying service for retirement purposes.  Therefore, there
is an insufficient evidentiary basis to support granting the requested
relief in this case.

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 8 February 1954.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 16 June 2005.  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

___PMS_  ___LMD     __RDG__  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.




                                  _____Paul M. Smith_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000532                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/08/29                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1954/02/08                              |
|DISCHARGE AUTHORITY     |SR 140-160-1                            |
|DISCHARGE REASON        |Retired Reserve                         |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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