RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      26 October 2006
      DOCKET NUMBER:  AR20060002688


      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. Marla J. N. Troup             |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Mr. John G. Heck                  |     |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, adjustment to his total net service
from 2 June 1966 through 31 May 1968 to show he served 2 full years on
active duty to make them good years for retirement to give him 20 years of
qualifying creditable service.

2.  The applicant states, in effect, he was separated from active duty on
31 May 1968, which caused him not to have two full years of active duty.
He was inducted on 2 June 1966 and his discharge date from the inactive
Reserve was 1 June 1972.  The loss of those two days, through no fault of
his own, caused him to lose a year for retirement purposes in the Army
National Guard (ARNG).  The ARNG records indicate that he was active 1
year, 11 months, and 29 days.  He would like to retire with 20 years
creditable service.  He also states that he joined the ARNG in October 1968
and served honorably until his retirement.  He did not cause his early
separation from active duty.

3.  The applicant provides copies of his ARNG Current Annual Statement, his
National Guard Bureau (NGB) Form 22 (Report of Separation and Record of
Service), and his ARNG Notification of Eligibility for Retired Pay at Age
60 (Selected Reserve 15-Year Letter) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 May 1968, the date of his separation from active duty.
 The application submitted in this case is dated 14 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 military records show he was inducted into the Army of
the United States (AUS), in pay grade E-1, on 2 June 1966, for 2 years.  He
was separated from active duty on 31 May 1968 and transferred to the United
States Army Reserve (USAR) Control Group (Annual Training).  He was
credited with 1 year, 11 months, and 29 days total net service.
4.  The applicant was transferred to the USAR on 1 June 1968 and served
until 1 June 1972.

5.  The applicant enlisted in the Indiana ARNG (INARNG), in pay grade E-5,
on 27 October 1986.

6.  On 16 March 2005, the applicant was issued a Notification of
Eligibility for Retired Pay at Age 60 (Selected Reserve 15-Year Letter),
advising him of his completion of at least 15 years of qualifying service
beginning on or after 1 October.  The letter also advised him that he had
not completed 20 years or more of qualifying service.

7.  The applicant's ARNG Current Annual Statement, dated 18 March 2005,
shows he was credited with 19 years, 11 months, and 29 days qualifying
years of service for retirement purposes as of his retirement year ending
27 October 2004.

8.  The applicant was separated from the INARNG on 31 March 2005, under the
provisions of National Guard Regulation 600-200, Medically Unfit for
Retention.  He was transferred to the Retired Reserve.

9.  The applicant was issued a NGB Form 22 that shows he was credited with
18 years, 5 months, and 4 days total net service.  His NGB Form 22 also
shows that he was credited with 4 years and 1 day prior Reserve component
service and 1 year, 11 months, and 29 days prior active Federal service.

10.  The applicant will reach age 60 on 18 January 2007.

11.  In an advisory opinion, dated 17 April 2006, a staff member of the
Retirement and Annuities Branch, Army Human Resources Command, St. Louis,
Missouri, stated that the military personnel records of the applicant were
reviewed.  He was credited with 19 years, 11 months, and 29 days of
qualifying service from the NGB, State of Indiana.  The NGB also gave him a
Notification of Eligibility for Retired Pay at Age 60 (Selected Reserve 15-
Year Letter) dated 16 March 2005.  That letter allows the applicant to
retire and draw pay at the age of 60.  The applicant's Retirement Points
History Statement, showing all his years, is correct; therefore, no
correction can be made.  No error was made on the part of the Army.

12.  The advisory opinion was forwarded to the applicant for
acknowledgement and/or rebuttal on 21 July 2006.  He did not respond.

13.  Title 10, United States Code, sections 12731 through 12739, authorizes
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.
 The term “good years” is an unofficial term used to mean years in which 50
or more retirement points were earned during each year, and which count as
qualifying years of service for retirement benefits at age 60.

14.  Army Regulation 135-180 (ARNG and Army Reserve-Qualifying Service for
Retired Pay Nonregular Service), indicates, in pertinent part, that each
Reserve component Soldier who completes the service required to be eligible
for retired pay at age 60 will be notified in writing with a 20-year letter
within 1 year after he/she completes the service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to correction to his records to show he
completed 2 years of qualifying service for retired pay from 2 June 1966
through 31 May 1968.

2.  The applicant was inducted in the AUS on 2 June 1996 and was separated
on 31 May 1968.  The applicant's normally scheduled expiration of term of
service was scheduled for 1 June 1968.  He was credited with 1 year, 11
months, and 29 days total net service.  In calculating total net service,
one day is added to the total time.  Therefore, recomputation of his total
net service to include the additional day would credit the applicant with a
2 full years of total service (1 year, 11 months, and 30 days) for the
period 2 June 1966 through 31 May 1968.

3.  Notwithstanding the opinion rendered in this case, it appears that an
administrative error occurred in the computation of his total service from
2 June 1966 through 31 May 1968.  As a result, in the interest of justice
and equity, it would be fair and just to show that he was credited with
2 years of net service for the period 2 June 1966 through 31 May 1968;
therefore, making him eligible to be credited with 20 qualifying years of
service for retirement purposes.

4.  Based on recomputation of his total service in 1968, the applicant now
meets eligibility requirements for assignment to the Retired Reserve with
20 years of qualifying service.  It would now be equitable and just to
correct his military records by crediting him with 20 years of qualifying
service as of 31 March 2005 and issuing him a 20-Year Letter with
entitlement to retired pay upon his application.
5.  In view of the foregoing, the applicant’s INARNG and Department of the
Army records should be corrected as recommended below.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 May 1968, the date of his
separation from active duty; therefore, the time for the applicant to file
a request for correction of any error or injustice expired on 30 May 1971.
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:

__RR___  __T_____  __JGH___  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 the State of Indiana Army National
Guard and Department of the Army records of the individual concerned be
corrected:

      a.  by showing the period from 2 June 1966 through 31 May 1968 to
equal two qualifying years active duty service and thereby qualifying the
applicant for issuance of a 20-Year Letter as appropriate; and


      b.  by crediting the applicant with 20 qualifying years of service for
retirement purposes as of 31 March 2005.






                            _____Marla J. N. Troup_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002688                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061026                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |135.02                                  |
|2.                      |136.02                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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