RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 October 2006
      DOCKET NUMBER:  AR20060003345


      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. Dean L. Turnbull              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Patrick H. McGann             |     |Chairperson          |
|     |Mr. David R. Gallagher            |     |Member               |
|     |Mr. Roland S. Venable             |     |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, to extend his enlistment in the Army
Reserve beyond age 60.

2.  The applicant states, in effect, that his request to extend his
enlistment for  
1 year, 10 months, and 1 day will extend his enlistment beyond his 60th
birthday. He states that this will allow him to attain 20 years of military
service required for retired pay and benefits.  He states that the United
States Army Reserve (USAR) had denied his request for extension.  He also
states that USAR made its decision based on incorrect retirement point data
which is now corrected, and that a statement from the Army National Guard
enlistment stipulation which states "…understand that he will not be able
to retire at age 60 unless a waiver is granted at the time IAW then current
regulations."  He further states that he had been told that an enlistment
extension beyond age 60 is not uncommon and would most likely be granted
provided he is still capable of adequate performance as a Soldier.

3.  The applicant provides:

     a.  a copy of his Chronological statement of retirement points;

     b.  a copy of DA Form 2-1 (Personnel Qualification Record);

     c.  a copy of DA Form 2A (USAR) (Personnel Qualification Record-
Enlisted);

     d.  a copy of discharge order from USAR, dated 3 February 2006;

     e.  a copy of military service summary; and

     f.  a copy of his current Noncommissioned Officer Evaluation Report
(NCOER).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 9 February 2006, the date of his discharge from the
(USAR).  The application submitted in this case is dated 20 February 2006.





2.  The applicant's military summary shows that he was inducted in 1965.
He trained as a Combat Engineer and served as an Infantryman with the 7th
Infantry Division in Korea.  He was honorably released from active duty in
1966.  He served with the California Army National Guard during the period
1988 to 1991.  In 1991, he entered the USAR.

3.  On 1 May 2005, the applicant's records show that he requested to extend
his enlistment past maximum age (age 60).  His chain of command recommended
approval of that request.  However, on 26 August 2005, his request was
disapproved by the U.S. Army Human Resources Command-St. Louis.  Noted in
the disapproval was the fact that the applicant would reach his 60th
birthday on  
6 March 2006 and that the applicant would only have 16 years, 11 months,
and  
12 days of qualifying service by retirement year ending 29 November 2005.
Also noted was the fact that the applicant would require retention until
age 63 to qualify for retired pay.

4.  A chronological statement of retirement points, dated 13 February 2006,
from the U.S. Army Human Resources Command-St. Louis shows that the
applicant's total qualifying years for retired pay as 17 years, 11 months,
and 12 days.

5.  Section IV (Remarks) of the applicant's DD Form 1966/4 (Record of
military Processing-Armed Forces of the United States), signed when he
enlisted in the California Army National Guard in 1988, shows that the
applicant did in fact sign a statement with the understanding that he will
not be able to retire at age  
60 unless a waiver was granted at the time in accordance with then current
regulations.

6.  On 28 February 2006, the applicant was honorably discharged from the
USAR.

7.  Table 4-1 (Waivable reenlistment disqualifications and approval
authorities) Rule A of Army Regulation 140-111 (Reserve Components
Personnel-Update 19), states that Age 55 or older and currently not
eligible to receive retired pay at age 60 but can complete 20 qualifying
years of service for retired pay by age  
60 may qualify for a waiver.  The intent of the waiver requirement is to
ensure that only those personnel who can qualify for retired pay at age 60
are retained in the Ready Reserve.  Personnel who cannot qualify for
retired pay by age 60 will not be processed for reenlistment or extension.




8.  Table 4-2 (Nonwaivable moral and administrative disqualifications) Rule
F of Army Regulation 140-111, states, in pertinent part, that personnel who
are unable to complete 20 qualifying years of service for retired pay by
age 60 must submit a request for a waiver to be retained beyond age 60 to
the U.S. Army Human Resources Command-St. Louis.  The U.S. Army Human
Resources Command-St. Louis must determine that there is an implied or
actual moral obligation incurred by the USAR to grant a waiver to permit
the member to remain in the Ready Reserve beyond age 60 to qualify for
retired pay, based on long service in the USAR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests, in effect, to extend his enlistment in the Army
Reserve beyond age 60.

2.  The evidence of record shows that the applicant did sign a statement
which clearly states that he understood he would not be able to retire at
age 60 unless a waiver was granted.  The fact that there was an error in
the calculation of his retirement points has no bearing in this case.  The
corrected retirement point summary still shows that the applicant cannot
complete 20 qualifying years of service before age 60.

3.  Since the applicant was allowed to enlist in the Army National Guard
with the understanding that he could not qualify for retired pay, there is
no error or injustice for the Board to correct.

4.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___phm _  ___drg __  ___rsv___  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

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.




                                  __________Patrick H. McGann_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003345                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061011                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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