RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 December 2006
      DOCKET NUMBER:  AR20060006625


      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:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Donald 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, correction of his records to show he
completed 20 years of qualifying service for retired pay at age 60.

2.  The applicant states that he has only been credited with 18 years of
service toward retirement.  He feels that he should be allowed a minimum of
20 years or more due to the extended time he was in the Individual Ready
Reserve (IRR).  He served on active duty in the Regular Army as well as in
the Regular Reserve and the IRR.  He disputes the findings [18 years of
qualifying service] as inaccurate because he served on active duty from
1964 to 1968; he returned to active duty in 1970 and was discharged to the
Reserve in 1973; he returned to active duty in 1975 and remained until
1983; he went to the IRR and was attached to a unit in Houston, Texas; he
remained in the IRR and was recalled about 1997; he requested from the
Reserve Center in St. Louis, Missouri to be sent out so he could make his
time count toward retirement; he was unable to be sent out because of the
budget; and he let his enlistment elapse in 1997 because he thought he was
too old to be useful any more.  He has attained the age of 60 years and
feels he should be able to draw a minimum retirement of 20 years, or more.


3.  The applicant provides three DD Forms 214 (Certificate of Release or
Discharge from Active Duty); his letter orders ordering him to annual
training; his separation orders from the Regular Army in August 1983; his
amendment orders transferring him to the IRR; his orders ordering him to
active duty for training in September 1986; his orders reassigning him to a
Reserve unit; two Chronological Statements of Retirement Points; and his
discharge orders from the U.S. Army Reserve in March 1997.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 11 March 1997, the date he was discharged from the U.S. Army
Reserve.  The application submitted in this case is dated 9 May 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 26 September 1945.  He enlisted in the
Regular Army on 31 August 1964.  He was released from active duty on 30
August 1968 and was transferred to the U.S. Army Reserve Control Group
(Reinforcement).

4.  The applicant enlisted in the Regular Army on 31 March 1970 and was
discharged on 30 March 1973 to join the U.S. Army Reserve.  He enlisted in
the U.S. Army Reserve on 31 March 1973 and was discharged on 6 August 1974
at his expiration of term of obligated service.

5.  He enlisted in the Regular Army on 25 March 1975 and was discharged
on 3 November 1976 for immediate reenlistment.  He reenlisted on 4 November
1976 and continued to serve in the Regular Army until 19 August 1983.  He
apparently enlisted in the IRR on the following date.

6.  Department of the Army, U.S. Army Reserve Personnel Center, St. Louis,
Missouri Orders Number D-03-906133, dated 24 March 1986, discharged the
applicant from the U.S. Army Reserve effective 14 January 1986.

7.  The applicant immediately reenlisted in the U.S. Army Reserve on 15
January 1986.

8.  Department of the Army, U.S. Army Reserve Personnel Center, St. Louis,
Missouri, Orders Number C-09-043459, dated 30 September 1987, voluntarily
reassigned the applicant from the U.S. Army Reserve Control Group
(Reinforcement) to the 348th Transportation Corps Battalion in Houston,
Texas effective 30 September 1987.

9.  The applicant reenlisted in the U.S .Army Reserve on 8 March 1991.

10.  His Chronological Statement of Retirement Points, dated 18 June 1996,
shows he completed 29 years, 9 months, and 23 days total service
(qualifying and nonqualifying) for longevity pay purposes.

11.  Department of the Army, U.S. Army Reserve Personnel Center, St. Louis,
Missouri, Orders Number D-03-721043, dated 11 March 1997, discharged the
applicant from the U.S. Army Reserve on 11 March 1997 under the provisions
of Army Regulation 135-178.

12.  His Chronological Statement of Retirement Points, dated 7 August 2003,
shows he completed 18 years and 2 days of qualifying service for retired
pay.  This statement shows he received credit for membership points only
during the retirement years ending (RYEs) 30 August 1984, 30 August 1985,
30 August 1986, 30 August 1987 (also 12 active duty points), 30 August
1988, 30 August 1989, 30 August 1990, 30 August 1991, 30 August 1992, 30
August 1993, 30 August 1994, 30 August 1995, 30 August 1996, and 11 March
1997.

13.  The applicant reached age 60 on 26 September 2005.

14.  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 the applicant failed to complete 20 creditable years of
service for retirement and provided a copy of his Statement of Service with
Retirement Points.

15.  A copy of the advisory opinion was forwarded to the applicant for
possible rebuttal.  However, he did not respond within the allotted
timeframe.

16.  Sections 12731 through 12739 of Title 10, United States Code,
authorize retired pay for Reserve Component military service.  Under this
law, a Reserve Soldier must complete a minimum of 20 qualifying years of
service to be eligible for retired pay at age 60.  At the time, the last
six years of qualifying service had to have been performed while a member
of a Reserve Component.  After 1 July 1949, a qualifying year is one in
which a Reserve Soldier earned 50 retirement points or more.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was discharged from the U.S. Army Reserve on 11 March
1997, because as he stated, he voluntarily declined to reenlist.

2.  The applicant’s contentions that he tried, but was unable, to attain a
unit assignment have been noted.

3.  By law, to qualify for a Reserve retirement, the applicant was required
to complete 20 years of qualifying service for retired pay at age 60.
Unfortunately, his Chronological Statement of Retirement Points, dated 7
August 2003, shows he completed only 18 years and 2 days of qualifying
service creditable for retirement.  Regrettably, the applicant is not
eligible for receipt of retired pay at age 60.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 March 1997; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 10 March 2000.  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

LS______  PM______  DS______  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 Simmons_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006625                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061205                                |
|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.                      |                                        |


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