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ARMY | BCMR | CY2006 | 20060006642C070205
Original file (20060006642C070205.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            21 December 2006
      DOCKET NUMBER:   AR20060006642


      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. Peter Fisher                  |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Mr. Jeffrey Redmann               |     |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 that the Report of Separation (NGB Form 22)
dated 14 May 1989, pertaining to her deceased husband, a former service
member (FSM) be corrected in item 4, to reflect that he enlisted in 1953.

2.  The applicant states that the FSM’s NGB Form 22 dated 14 May 1989
incorrectly reflects that he enlisted in 1959, when in fact, he enlisted in
1953.  She goes on to state that her husband passed away and he deserves to
be credited with the additional 6 years of service.

3.  The applicant provides a copy of the NGB Form 22 dated 14 May 1989 and
a NGB Form 22 dated 6 December 1956, which reflects service beginning on
7 December 1953.

CONSIDERATION OF EVIDENCE:

1.  The FSM was born on 25 November 1936 and enlisted in the Nebraska Army
National Guard (NEARNG) on 7 December 1953 and continued to serve through a
series of continuous reenlistments.  He was promoted to the pay grade of E-
6 on 11 March 1966.

2.  On 22 November 1974, a Notification of Eligibility for Retired Pay at
age 60 (20-year letter) was issued to the FSM by the National Guard Bureau
(NGB).

3.  The FSM was promoted to the pay grade of E-7 on 26 March 1979 and on
5 October 1988, he was involuntarily reduced to the pay grade of E-6.

4.  On 14 May 1989, the FSM was honorably discharged from the NEARNG in the
pay grade of E-6, due to non-selection for retention.  His NGB Form 22
reflects that he had served 35 years, 5 months and 8 days of total service
for pay.  That form indicates that his date of enlistment (covered by that
form) was 7 December 1959 and that the FSM had served 29 years, 5 months
and 8 days of service during the period covered by that form and that he
had 6 years of prior Reserve Component service.

5.  On 27 February 1996, the FSM applied for Retired Pay benefits to begin
on 25 November 1996.  He indicated on his application that the highest
grade he held was E-7.

6.  His application was approved on 23 July 1996 and he was retired in the
pay grade of E-7 on 25 November 1996.  His service was computed from
7 December 1953 to 13 May 1989 and he was credited with 35 years, 5 months
and 7 days of creditable service for Retired Pay purposes.

7.  National Guard Regulation (NGR) 600-200 serves as the authority for the
preparation of the NGB Form 22.  It provides, in pertinent part, that the
NGB Form 22 will be prepared to reflect all service performed as of the
date of separation.  Service that had been document by previous separation
documents may be consolidated in the appropriate prior service categories
(items 10 b and c).

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.  The FSM served in the NEARNG from 7 December 1953 to 14 May 1989 and
his NGB Form 22 correctly reflects that he served 35 years, 5 months and 8
days of service.  This includes the 29 years, 5 months and 8 days of
service covered by the NGB Form 22 and the 6 years of consolidated service
reflected under prior Reserve Component service in item 10b.

3.  Inasmuch as the applicable regulation provides that service previously
documented with separation documents may be consolidated on the NGB Form 22
and since all of the FSM’s service is accounted for on his NGB Form 22
dated 14 May 1989 and his subsequent retirement computation, there is no
basis to grant the applicant’s request.

4.  The FSM was credited with all creditable service performed from 1953 to
1989 and he was properly retired in the highest grade held in November
1996.  Accordingly, his pay was properly computed based on the proper
amount of creditable service and his pay grade at the time he was
authorized Retired Pay.









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__PF____  __TR ___  __JR ___  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.





                                  ______Peter Fisher________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006642                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061221                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19890514                                |
|DISCHARGE AUTHORITY     |NGR 600-200                             |
|DISCHARGE REASON        |RETIREMENT                              |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189/CORR 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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