RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            09 January 2007
      DOCKET NUMBER:   AR20060006317


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Jerome Pionk                  |     |Member               |
|     |Mr. Scott Faught                  |     |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 22 years of
creditable service for Retired Pay purposes and that he receive back pay
and allowances retroactive to the date of his retirement.

2.  The applicant states, in effect, that he served in the Alabama Army
National Guard (ALARNG) for 22 years; however, he was only given 20 years,
5 months and 27 days of creditable service for Retired pay purposes.  He
goes on to state that he is being denied 1 year, 6 months and 3 days of
retired pay benefits that he believes he is entitled to receive and he
desires his records corrected to reflect that time and that he be paid all
back pay and allowances.

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 August 1987.  The application submitted in this case is
dated 25 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 was born on 10 March 1946 and enlisted in the ALARNG on
23 August 1965 for a period of 6 years.  He remained in the ALARNG through
a series of continuous reenlistments.  He was promoted to the pay grade of
E-7 on 1 November 1974.

4.  On 13 June 1986, the National Guard Bureau (NGB) issued the applicant a
Notification of Eligibility for Retired Pay at Age 60 (20 year letter)
informing him that he would be eligible for retired pay upon application at
age 60 (10 March 2006).

5. On 22 August 1987, the applicant was discharged from the ALARNG and was
transferred to the United States Army Reserve (USAR) Control Group
(Retired).  He had 22 years of service for pay purposes and he was
unavailable for signature at the time his report of separation (NGB Form
22) was issued.

6.  On 1 August 2005, the applicant submitted an application for retired
pay benefits to be effective 10 March 2006.  His request was approved on
2 November 2005 and the Retirement Credits Record used to compute his
service shows that his last qualifying year for retirement was the
retirement year ending (RYE) on 22 August 1985.  During the RYE 22 August
1986, he was only credited with service from 23 August 1985 to 18 February
1986 and was awarded only 46 creditable points.  He was credited with 20
years, 5 months and 25 days of creditable service for retired pay purposes
and 1,844 creditable retirement points.

7.  A review of the applicant’s Personnel Qualification Record (DA Form 2-
1) shows that the majority of the applicant’s service with the ALARNG was
performed as a personnel sergeant.

8.  Army Regulation 135-180 implements the statutory authority governing
the granting of Retired pay to soldiers of the Reserve Components.  It
states, in pertinent part, that to be eligible for Retired pay, a person
must have attained age 60, have completed a minimum of 20 qualifying years
of service and have served the last 8 years of his or her qualifying
service as a Reserve Component soldier.  Service creditable as a qualifying
year is one in which the Reservist is in an active status and earns a
minimum of 50 qualifying points during the retirement year.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  While the period from the time the applicant enlisted until he was
discharged from the ALARNG was exactly 22 years, time for retired pay
benefits is based on creditable years of service and the available records
show that he had only 20 years, 5 months and 25 days of creditable service
for retired pay purposes.

3.  Inasmuch as the applicant has failed to show through the evidence
submitted with his application or the evidence of record that his
creditable retirement points were incorrectly calculated or that he had
more points than he was given credit for, there appears to be no basis to
adjust his creditable service or retired pay benefits.

4.  Therefore, in the absence of evidence to show that his creditable
points were incorrectly calculated, there is no basis to grant his request
at this time.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 August 1987; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 21 August 1990.  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

__JA____  ___JP___  __SF ___  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.




                                  _____James Anderholm____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060006317                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|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                  |334/RET PTS                             |
|1.135.0200              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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