RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 November 2006
      DOCKET NUMBER:  AR20060003952


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Patrick McGann                |     |Chairperson          |
|     |Mr. Richard Sayre                 |     |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, correction of records to show he
completed a full year of qualifying service for his retirement year ending
(RYE) 1 October 1996.

2.  The applicant states that his RYE date was 15 October of each year.  He
states he had a “bad” retirement year for the calendar period 16 October
1995 to 15 October 1996.  During this period, he served from 16 October
1995 to 1 October 1996, and then he transferred to the Inactive National
Guard (ING) because of time pressures from his civilian employer at that
time.  This transfer occurred after he performed sufficient honorable
service to attain 78 retirement points.  He states that he met the service
requirements for a “good” retirement year, but he was short 14 days from a
full calendar year.

3.  The applicant provides his Chronological Statement of Retirement
Points, dated 10 March 2006; a memorandum from Headquarters, 30th Engineer
Brigade (Theater Army), Charlotte, North Carolina, dated 9 September 1996;
and Orders 232-103, dated 10 October 1996, transferring him to the ING.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 16 October
1985 and was discharged on 23 October 1986 for immediate enlistment in the
Army National Guard.

2.  The applicant enlisted in the Virginia Army National Guard on 24
October 1986.  He was discharged from the Virginia Army National Guard and
as a Reserve of the Army on 12 May 1989 for appointment as a commissioned
officer.

3.  The applicant was appointed as a Reserve commissioned officer on 13 May
1989.  He entered extended active duty on 7 June 1990 and was released from
active duty on 18 November 1994.  On the following date, he was transferred
to the USAR Control Group (Reinforcement).

4.  Department of the Army, USAR Personnel Center, St. Louis, Orders
C-09-555257, dated 20 September 1995, released the applicant from the USAR
Control Group (Reinforcement) and assigned him to the North Carolina Army
National Guard with an effective date of 15 July 1995.

5.  On 9 September 1996, the applicant applied for transfer to the ING of
North Carolina as of 1 October 1996.  He indicated the specific reasons for
his request for a transfer as his duties as a department manager in his
civilian job required him to routinely work 70 or more hours per week, the
birth of his daughter, and his subsequent desire for additional family
time.

6.  State of North Carolina, Department of Crime Control and Public Safety,
Office of The Adjutant General, Orders 232-103, dated 10 October 1996,
transferred the applicant to the ING with an effective date of 1 October
1996.  These orders stated that he was assigned to the ING for a period not
to exceed one year unless extended by amendment to this order.  In
addition, the orders stated that he was not authorized pay and allowances
or retirement points while assigned to the ING, except for muster pay and
annual training, and should his conflict be resolved before expiration of
the ING period, he must immediately notify his unit and apply for return to
an active status.

7.  State of North Carolina, Department of Crime Control and Public Safety,
Office of The Adjutant General, Orders 100-267, dated 30 April 1997,
released the applicant from the ING and transferred him to Headquarters and
Headquarters Company, 30th Engineer Brigade, North Carolina Army National
Guard with an effective date of 1 May 1997.

8.  The applicant was separated from the Army National Guard on
29 September 1998, and he was transferred to the USAR on the following
date.

9.  The applicant is currently serving in the Active Guard Reserve in the
rank of major.

10.  The applicant’s Chronological Statement of Retirement Points shows he
was credited with 11 months and 16 days of qualifying service for
retirement and 78 retirement points for the RYE ending 1 October 1996.
This statement shows he did not receive credit for his service in the ING
for the RYE 30 April 1997.

11.  In the processing of this case, a staff advisory opinion was obtained
from the U.S. Army Human Resources Command, St. Louis, Missouri.  The
opinion states that there are no provisions in Army Regulation 140-185 to
change the period 16 October 1995 to 1 October 1996 to a qualifying year.
Orders were published with an effective date of 1 October 1996 for transfer
to the ING.  At the time the orders were published, the applicant had
enough points to qualify for a good retirement year without attending any
more Unit Training Assemblies for that period.  The opinion recommended
that the State of North Carolina, Office of The Adjutant General amend
Orders 232-103, dated 10 October 1996 to change the effective date to 16
October 1996.

12.  A copy of the advisory opinion was forwarded to the applicant;
however, he did not respond within the allotted timeframe.
13.  Army Regulation 140-185 prescribes the types of training and
activities for which retirement points are authorized and the procedures
for recording retirement point credits and training for USAR Soldiers.
Subparagraph 1-4b(4) states, in pertinent part, that the retirement year
beginning date subsequent
to 1 July 1949 would be the date of transfer from an inactive Reserve
status to an active Reserve status.

14.  Army Regulation 135-180 implements statutory authorities governing the
granting of retired pay to Soldiers and former Reserve component Soldiers.
This regulation specifies, in pertinent part, that to be eligible for
retired pay an individual must have attained age 60 and completed a minimum
of 20 years of qualifying service and that subsequent to 1 July 1949,
qualifying service is granted only for each year of service an individual
earns 50 or more retirement points.  The term "good years" is an unofficial
term used to mean years in which 50 or more retirement points are earned
during each year, and which count as qualifying years of service for
retirement benefits at age 60.

15.  Paragraph 2-9 of Army Regulation 135-180 states that service in the
inactive Reserve component, to include the ING, is not creditable as
qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant initially enlisted in the USAR on 16 October 1985 and was
later appointed as a Reserve commissioned officer.

2.  The applicant voluntarily applied for transfer to the ING with an
effective date of 1 October 1996.  As a result, orders were published which
transferred him to the ING effective 1 October 1996 per his specific
request.  Orders show he was released from the ING on 30 April 1997 and was
returned to the Army National Guard on 1 May 1997.

3.  The applicant’s contention that he had a “bad” retirement year for the
calendar period 16 October 1995 to 15 October 1996 is noted.  It is true
the applicant was not credited with a full year of service for the period
beginning 16 October 1995 and ending 1 October 1996, but only because he
requested to be transferred to the ING 14 days prior to his RYE date of 15
October 1996.  However, the 11 months and 16 days is a qualifying period
and is part of his total qualifying service.

4.  It is also noted that the applicant is still serving in an active
status.  He has provided no evidence to show that he has been denied a
Reserve retirement.

5.  There appears to be no error or injustice in this case.  Therefore,
there is no basis for amending the applicant’s RYE 1 October 1996 to show
he served a full year of qualifying service for retirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

PM______  RS______  DH______  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 McGann________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003952                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061107                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |135.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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