RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 December 2006
      DOCKET NUMBER:  AR20060006143


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Mr. Donald W. Steenfott           |     |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 he be credited with 20
qualifying years for retirement or be allowed to earn the retirement points
he requires to achieve eligibility for retirement.

2.  The applicant states, in effect, that he was not given retirement point
credit for the correspondence courses he completed.  He also states, in
effect, that the retirement points recorded for retirement year ending 27
July 1989 show
15 points for annual training (AT), but no retirement points for weekend
drills
(i.e., inactive duty training (IADT)).  The applicant states that he did
miss some IADT at the end of his service due to family problems and adds
that he does not have documentation to prove which IADTs he attended, but
offers to make-up for the few points that he needs, even if it means
serving in Siberia.  The applicant further states, in effect, that he
thought that after a certain period of time the law allowed for
"grandfathering" him to be eligible to retire from the U.S. Army Reserve.
He concludes by stating, in effect, that he can not afford a lawyer to
assist him and that he will pursue this matter until the day he dies.

3.  The applicant provides no additional documentary evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 May 1990, the date he was released from his U.S. Army
Reserve (USAR) Troop Program Unit (TPU).  The application submitted in this
case is dated
18 April 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 service records show that he was born on 3
July 1935. The applicant enlisted in the U.S. Navy on 15 September 1952 and
served as a Cook Apprentice.  He was honorably separated from the U.S. Navy
on 20 June 1956 after completing 3 years, 9 months, and 6 days active
service.  He transferred to the U.S. Naval Reserve (USNR) and, on 14
September 1960, the applicant was discharged from the USNR based upon
completion of his military service obligation.

4.  The applicant's military service records show that he enlisted in the
USAR on 28 July 1978 in the grade and rank of specialist four/pay grade E-
4.  The applicant was awarded military occupational specialty (MOS) 94B
(Food Service Specialist), continued to serve in the USAR, and was promoted
to the grade and rank of staff sergeant/pay grade E-6 effective 25 August
1981.

5.  The applicant's military service records contain a copy of DARP Form
249 (Chronological Statement of Retirement Points), dated 27 May 1988.  The
DARP Form 249 documents the applicant's service from 28 July 1978 through
retirement year ending (RYE) date 27 July 1987 and shows, in pertinent
part, that the applicant had a total of 9 qualifying years for retirement.

6.  The applicant's military service records contain a copy of DAPC Form
249 (Request for Correction of Chronological Statement of Retirement Points
for USAR Troop Program Members), dated 1 August 1989.  The DAPC Form 249
documents the applicant's retirement history from 15 September 1952 through
RYE date 27 July 1989 and was submitted on behalf of the applicant.  This
document was authenticated by the captain serving as the adjutant of the
applicant's USAR TPU and was submitted to the Commander, Reserve Component
Personnel and Administration Center, St. Louis, Missouri.

7.  The applicant's military service records contain a copy of a self-
authored letter from the applicant addressed, "To Whom It May Concern,"
dated 15 April 1990.  This document shows, in pertinent part, that the
applicant offers an apology for missing drill, states that he does not want
to go to noncommissioned officer (NCO) schools for training, and does not
want to be promoted to sergeant first class (SFC)/pay grade E-7.  He also
offers that he is having family problems, works long hours on two shifts,
and suggests that perhaps the Individual Ready Reserve (IRR) would be
better for him.  He concludes that he does not want to go to NCO schools,
would prefer to stay with the USAR TPU and lose a stripe, if necessary, or
go into the IRR.

8.  The applicant's military service records contain a copy of
Headquarters,
98th Division (Training), Rochester, New York, Orders 22-12, dated 18 May
1990.  This document shows, in pertinent part, that the applicant was
released from his USAR TPU and reassigned to the USAR Control Group
(Reinforcement), St. Louis, Missiouri, effective 15 May 1990, under the
provisions of Army Regulation 140-10, paragraph 2-19b(3).

9.  The applicant's military service records contain a copy of a Retirement
Points Accounting System (RPAS), Summary Points Inquiry/Update, dated 29
April 2004.  The RPAS documents the applicant's service from 15 September
1952 through 12 December 1995 and shows, in pertinent part, that the
applicant had a total of 14 qualifying years for retirement.

10.  The applicant's military service records contain a copy a letter from
the Director, Personnel Actions and Services, U.S. Army Human Resources
Command (USA HRC), St. Louis, Missouri, dated 10 May 2004, addressed to the
Honorable J___ M. M____, Representative in Congress.  This document shows,
in pertinent part, that the colonel serving as the Director of Personnel
Actions and Services advised Representative M_____ that a thorough review
of the applicant's Official Military Personnel File (OMPF) determined that
the applicant was in the service for a total of 25 years, 6 months, and 24
days and during that time had earned 14 years, 9 months, and 6 days of
qualifying time towards retirement.

11.  In connection with the processing of this case, an advisory opinion
was obtained from the Supervisor, Retirements and Annuities, USA HRC, St.
Louis, Missouri, concerning the applicant's retirement eligibility.  This
document shows, in pertinent part, that the applicant has only 14
qualifying years of service and is not eligible for retirement.

12.  The applicant was provided a copy of the USA HRC advisory opinion in
order to have the opportunity to respond.  On 17 September 2006, the
applicant provided his response via electronic mail (email) calling into
question the accuracy of records, stating the he stayed in the USAR for 4
or 5 years, attended AT and IADT, but the USAR has no record of his
attendance and only credits him with 15 membership points during these
years.  The applicant also states, in effect, that he did not quit the
USAR, but was told the USAR was without money and could not retain him
because it did not need his MOS.  He further maintains that he was treated
unfairly and requests correction of his records to show that he earned
sufficient points to qualify for retirement eligibility.

13.  Paragraph 2-19 of Army Regulation 140-10 (Army Reserve Assignments,
Attachments, Details and Transfers), in effect at the time of the
applicant's release, provides for the voluntary assignment from a USAR TPU
to the IRR Control Group.

14.  Army Regulation 140-111 (U.S. Army Reserve Reenlistment Program)
implements Department of Defense policy governing retention, reenlistment
eligibility, and service requirements in accordance with the United States
Code.
Table 2-1 (Basic Reenlistment Eligibility Criteria) of the reenlistment
regulation provides that all applicants must meet the eligibility criteria
and states, in pertinent part, that an applicant must not be less than 18
years of age, have not attained age 55, and be able to qualify for retired
pay by age 60.

15.  Army Regulation 135-180 (Qualifying Service for Retired Pay Non-
Regular Service) implements statutory authorities governing the granting of
"retired pay" to Soldiers and former Reserve Component Soldiers.  Chapter 2
provides eligibility criteria and, in pertinent part, states that in order
to qualify for non-regular retirement, a member must have attained age 60,
completed a minimum of 20 years of qualifying service, and served the last
6 years of his or her qualifying service as a Reserve Component Soldier.
Paragraph 2-8 defines qualifying service and states, in pertinent part,
that a Reserve Component Soldier 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 contends, in effect, that he should be credited with 20
qualifying years for retirement, or be allowed to complete the required
service to achieve a 20-year retirement.  However, the applicant provides
insufficient documentary evidence to support his claim.

2.  The evidence of record shows that the applicant was voluntarily
transferred from his USAR TPU to the USAR IRR on 15 May 1990.  The evidence
of record also shows that the applicant completed 14 years of qualifying
service.  There is no evidence of record, and the applicant fails to
provide official documentary evidence, that shows he completed any
additional qualifying years of service subsequent to his transfer to the
USAR IRR in 1990.  Therefore, in the absence of documentary evidence to the
contrary, the applicant is not entitled to correction of his records to
show he completed 20 qualifying years of service for retirement.

3.  The evidence of record shows that the applicant is currently 71 years
of age. The evidence of record also shows that the applicant is not
eligible to reenlist in the USAR.  Therefore, he is not eligible to enter
the USAR to complete any additional qualifying years of service.

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.
5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 May 1990; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
14 May 1993.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LDS__  ___PHM_  __DWS_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                         _Linda D. Simmons_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006143                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061205                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19900515                                |
|DISCHARGE AUTHORITY     |AR 140-10, Paragraph 2-19b(3)           |
|DISCHARGE REASON        |Cogent Personal Reasons                 |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |135.0200.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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