RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 November 2006
      DOCKET NUMBER:  AR20060002546


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald L. Lewy                |     |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, correction of his records to show 20
years of creditable service for retirement purposes, that he was discharged
on 21 June 1996, and that he is eligible for retirement benefits.

2.  The applicant states, in effect, that an oversight was made on his
records at the time of his discharge.  He continues that it is unfair he
has served the required time to be eligible for retirement benefits and is
now unable to receive them.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) and a DA Form 4836 (Oath of
Extension of Enlistment or Reenlistment), dated 19 January 1995, in support
of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 January 1996, the date of his discharge.  The application
submitted in this case is dated 9 February 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 service records are incomplete.  The applicant
submitted a copy of his latest DD Form 214 which shows he served in the
United States Army Reserve (USAR) in military occupational specialty 92Y
(Unit Supply Specialist).  Item 12 (Record of Service) of the applicant's
DD Form 214 shows he entered active duty on 16 September 1985 and separated
on 19 January 1996 with a net active service of 10 years, 4 months, and
4 days.  Item 12 also shows that he served prior active and prior inactive
service totaling 9 years, 3 months, and 1 day.

4.  This form also shows that he was honorably separated under the
provisions of paragraph 16-8 of Army Regulation 635-200 (Personnel
Separations Enlisted Personnel) with a narrative reason of "Reduction in
Force."

5.  The applicant submitted a DA Form 4836, dated 19 January 1995, which
shows that he extended his service which was to expire on 22 January 1996
by an additional 5 months.  This form shows the applicant's new expiration
of term of service (ETS) was 21 June 1996.  This form further shows the
applicant acknowledged with his signature that he voluntarily extended his
current reenlistment agreement of 22 January 1993.

6.  The applicant's Retirement Points Accounting System (RPAS) statement,
dated 15 November 2006, shows that he has a total of 19 years, 7 months,
and 5 days of qualifying service for retirement.

7.  The applicant's discharge processing papers are not available for
review.

8.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Paragraph 16-8, in effect at that time,
states that Soldiers may be separated prior to expiration of term of
service or period for which ordered to active duty when specifically
authorized.  When authorization limitations, strength restrictions, or
budgetary constraints require the size of the enlisted force to be reduced,
the Secretary of the Army, or his designee, will authorize voluntary or
involuntary early separation under the authority of Title 10 of United
States Code section 1169 or section 1171.  Early separation under this
paragraph is for the convenience of the Government.  Paragraph 16-8d states
that Soldiers who are within 2 years of qualifying for retirement on the
scheduled separation date will not be processed per this paragraph unless
such action is directed by the Secretary of the Army.

9.  Army Regulation 140-111 (U.S. Army Reserve Reenlistment Program)
prescribes policies, responsibilities, and procedures for the USAR
Reenlistment Program.  Paragraph 3-2 states, in part, that enlisted USAR
Soldiers may be given the opportunity to extend their current enlistment or
reenlistment.  This will provide continuous service when extension is
authorized under Table 3-1.  Table 3-1, in part, indicate that to reach a
retirement eligibility date when the required period is less than the
minimum term of service authorized for reenlistment.  It may be extended
for the period required to reach a retirement eligibility date, but not to
exceed 3 years.


10.  Sections 12731 through 12739 of Title 10, United States Code,
authorize retired pay for Reserve Component military service.  Under this
law, a Reserve Soldier must complete a minimum of 20 qualifying years of
service to be eligible for retired pay at age 60.  After 1 July 1949, a
qualifying year is one in which a Reserve Soldier earned 50 retirement
points or more.

11.  Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular
Service) provides statutory authorities governing the granting of "retired
pay" to Soldiers and former Reserve components Soldiers.  Paragraph 2-8b
states, in part, that a reservist must earn a minimum of 50 retirement
points each retirement year to have that year credited as qualifying
service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his service records to show that
he was discharged on 21 June 1996.

2.  Evidence shows the applicant extended his last period of service by
adding 5 months which gave him a new ETS date of 21 June 1996.  Had his
extension been processed, the applicant would have completed 20 qualifying
years for retirement.

3.  Regulation states that Soldiers may be separated prior to their ETS due
to reduction in force; however, it also states that Soldiers who are within
2 years of retirement will not be separated under that paragraph without
approval of the Secretary of the Army.  There is no evidence in the
available records which show that the Secretary of the Army directed and/or
authorized the separation of the applicant on 19 January 1996.

4.  Absent such evidence, it is reasonable to determine that the applicant
was incorrectly separated prior to reaching his ETS date of 21 June 1996
which would have made him eligible for retirement benefits based on
completion of 20 qualifying years.

5.  Therefore, it would be in the interest of the Army to correct his
records by voiding his discharge, showing he was transferred the USAR
Control Group (Reinforcement) on 19 January 1996, and transferred to the
Retired Reserve on 21 June 1996 with 20 qualifying years for retirement.



6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 January 1996; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 18 January 1999.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

_TM____  _DLL___  __WFC___  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by

      a.  voiding the 19 January 1996 discharge from the USAR;

      b.  showing that he was released from active duty and transferred to
the USAR Control Group (Reinforcement) on 19 January 1996; and


      c.  showing that he was transferred to the Retired Reserve effective
21 June 1996.




                               __William F. Crain___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060002546                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061130                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Shatzer                             |
|ISSUES         1.  189  |110.0000.0000                           |
|2.  338                 |136.0000.0000                           |
|3.  341                 |136.0300.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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