RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 NOVEMBER 2006
      DOCKET NUMBER:  AR20060004260


      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. Rene' R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Ms. Peguine Taylor                |     |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, that his 1996 discharge from the
Texas Army National Guard be voided.

2.  The applicant states he was discharged in 1996 without his knowledge.
He notes he was stationed in Gatesville, Texas, and was told that "the
program was a two-year program, but it only lasted about 6 months."  He
states he was told that he was terminated but was not given any proper form
that indicated he was discharged.  He states he discovered that he was
discharged when he received a discharge certificate in the mail.  He states
he tired to reenlist but was told he could not but did finally get back in
after about 6 months.

3.  He states he still does not understand why he was discharged without
his consent and notes that the lapse is causing the "Department" to
question his
20 years of service and denying him full benefits.

4.  The applicant provides a copy of an August 2003 leave and earnings
statement, and a copy of his August 2003 discharge certificate from the
Army National Guard.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant served on active
duty as a member of the United States Air Force between 1 November 1968 and

31 October 1972.  He was released from active duty and transferred to the
Air Force Reserve in pay grade E-4.  According to information contained on
one of his enlistment documents, he was a member of the United States Air
Force Reserve until 31 October 1974, the conclusion of his statutory
service obligation. There is no indication if his service in the United
States Air Force Reserve were considered creditable years of service for
retirement purposes at age 60.

2.  On 8 January 1988 the applicant enlisted in the Texas Army National
Guard for a period of 1 year, in pay grade E-4.  He extended his initial
enlistment for an additional year on 7 January 1989 and again on 7 January
1990.  On 7 January 1991 he extended his enlistment contract with the
National Guard for an additional 3 years and extended again for 3 more
years on 7 January 1994.  As a result of his various extensions to his
initial January 1988 enlistment action, his separation date was ultimately
established as 7 January 1997.

3.  The applicant's signature, acknowledging his 7 January 1997 scheduled
separation date, is reflected on his 7 January 1994 3-year extension
contract.
4.  A separation document (National Guard Bureau Form 22) was issued
discharging the applicant from the Army National Guard, effective 7 January
1997, upon the expiration of his service in pay grade E-4.  The document
indicates the applicant was not available to sign the separation document.
His Reentry (RE) code was recorded as RE-1 indicating the applicant was
fully qualified to reenlist at the time of his discharge.

5.  On 14 August 1997 the applicant executed a 6-year enlistment contract
and returned to service with the Texas Army National Guard.  His separation
date, based on his 6-year enlistment, was established as 13 August 2003.
The applicant was honorably discharged, in pay grade E-4, on his 13 August
2003 scheduled separation date.  His RE code was recorded as RE-1
indicating he was fully qualified for reenlistment at the time of his
separation, but the applicant was again unavailable to sign the separation
document.  According to the 2003 separation document, the applicant had 18
years of creditable service for retirement purpose at age 60 and 21 years
of service for pay purposes.  In May 2004 the applicant turned 60.

DISCUSSION AND CONCLUSIONS:

1.  Contrary to the applicant's contention he was not discharged in 1996,
but rather was discharge in 1997 upon the expiration of his enlistment
contract.

2.  The applicant authenticated his 1994 extension document acknowledging
he was extending his enlistment contract with the Army National Guard for
an additional 3 years thereby establishing his scheduled separation date as

7 January 1997.  He was correctly discharged on that date when he failed to
take any action to extend his contract again or to execute a new
reenlistment contract.

3.  The evidence available to the Board shows the applicant was fully
qualified to continue his service with the Army National Guard at the time
his enlistment contract expired in 1997 and again in 2003.  He has provided
no compelling argument to show that any error or injustice occurred in
either discharge action.

4.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___CG __  ___TR __  __PT  ___  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.




                                  ____  Curtis Greenway_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004260                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061114                                |
|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.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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