RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 December 2006
      DOCKET NUMBER:  AR20060007036


      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. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |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 her discharge status be changed
to Retired Reserve.

2.  The applicant states, in effect, that her discharge status should be
changed to Retired Reserve.  From her previous cases on file, her records
should show she has 23 years, 3 months, and 16 days of military service.

3.  The applicant provides no additional documentation in support of her
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 September 2002, the date of her discharge.  The application
submitted in this case is dated 5 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 records show she enlisted in the U. S. Army
Reserve (USAR) on 13 August 1997, for training as a unit supply specialist,
in military occupational specialty (MOS) 92Y, in pay grade E-6, with prior
military service.  Her date of birth is 26 November 1955.  She was ordered
to active duty (AD) on 3 April 1998.

4.  The applicant's previous case, dated 29 July 2004, shows she was
ordered to AD in the Active Guard Reserve (AGR) effective 13 June 1999, for
3 years.

5.  On 25 August 2001, the applicant acknowledged receipt that she had been
denied service as an AGR Soldier under the USAR AGR Qualitative Management
Program (QMP).  She was denied continuation because her records did not
reflect attendance at PLDC (Primary Leadership Development Course).  She
appealed her QMP.  Her appeal was denied.


6.  The applicant was honorably discharged, in the pay grade E-5, on
21 September 2002, under the provisions of Army Regulation 635-200, chapter
19, for non-retention on active duty.  Her DD Form 214 (Certificate of
Release or Discharge from Active Duty) shows she completed 8 years,
5 months and 9 days of net active service.

7.  The applicant's Summary of Retirement Points, dated 27 October 2006,
shows that she had completed 19 years, 1 month, and 9 days of qualifying
service for retirement purposes.  It also shows that she did not serve the
last 8 years of qualifying service in a Reserve Component (RC).  She was
not issued, nor eligible to have been issued, a notification of
qualification for retired pay at age 60 (20-Year Letter) prior to her
discharge.

8.  The applicant's records contain a copy of a DA Form 1506 (Statement of
Service-For Computation of Length of Service for Pay Purposes), dated
20 September 2002 (one day after her discharge), which shows that she had
completed 22 years and 5 days of total creditable service for basic pay
purposes and 7 years, 8 months, and 26 days of total years active Federal
Service.

9.  The applicant’s previous case, dated 29 July 2004, indicated that she
completed 7 years of active service, and approximately 13 years of inactive
service as a member of the Reserve.

10.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 19 pertains to policy and
procedures for voluntary and involuntary separation for the convenience of
the Government, of Regular Army (RA) NCOs and USAR NCOs serving in an AGR
status, under the QMP.
The service of a Soldier discharged under this chapter will be
characterized as honorable.

11.  Paragraph 19-12, of the same regulation, states that a Soldier who
chooses not to appeal the QMP selection for denial of continued service, or
whose appeal is denied, will be involuntarily discharged.  Soldiers who
elect to appeal but fail, without compelling justification, to submit the
appeal within the time prescribed will also be involuntarily discharged.







12.  Army Regulation 135-178 established the policies, standard, and
procedures governing the administrative separation of enlisted Soldiers
from the Reserve Components.  Paragraph 1-3 stated, in pertinent part, that
orders discharging a Soldier would not be revoked or the effective date
changed after the effective dates of discharge unless there was evidence of
manifest error or fraud.  After the effective date of discharge, orders
could be amended by the separation authority only to correct manifest
errors such as the wrong character or service or correct administrative
errors such as error concerning rank, social security number, or misspelled
name.

13.  Paragraph 1-25, of the same regulation, pertains to authority to
approve separation.  It states, in pertinent part, that a Soldier having
completed 18 years, but less than 20 years of qualifying service for
retired pay will not be involuntarily discharged without approval of the
Commander, Army Human Resources Command (AHRC) St. Louis, for USAR Soldiers
and the Chief, NGB, for Army National Guard (ARNG) Soldiers.

14.  Army Regulation 140-10, in effect at the time, set forth the basic
authority for the assignment, attachment, detail, and transfer of USAR
Soldiers.  Chapter 7 of the regulation relates to the removal of Soldiers
from an active status and states, in pertinent part, that Soldiers removed
from an active status will be discharged or, if qualified and if they so
request, will be transferred to the Retired Reserve.

15.  Army Regulation 135-180 (Army National Guard and Army Reserve-
Qualifying Service for Retired Pay Nonregular Service), indicates, in
pertinent part, that to be eligible for retired pay, an individual does not
need to have a military status at the time of application for retired pay,
but must have (a) attained
age 60; (b) completed a minimum of 20 years of qualifying service; and,
        (c) served the last 8-years of his or her qualifying service as a
Reserve Component (RC) Soldier.

16.  The same regulation states, in paragraph 2-3, that a 20-Year Letter
will be issued to the Reserve Component Soldier within 1 year after they
complete
20 years of qualifying service for retirement.  This letter will be issued
by the Chief, National Guard Bureau, for ARNG Soldiers, and the Commander,
Army Human Resources Command (AHRC)-St. Louis for USAR Soldiers.  The
letter, once issued, may not be withdrawn or revoked.  The Soldier may
voluntarily elect to transfer to the Retired Reserve or be discharged from
the Army.  This regulation also states service, which was performed
concurrent in the Regular Army, must be followed by 8 years of qualifying
service in a Reserve Component and that when this requirement is met the
Soldier will receive a
20-Year letter.
17.  Sections 12731 through 12739 of Title 10, USC, 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.  After 1 July 1949, a qualifying year is one in which a Reserve
Soldier earned 50 retirement points or more.  This law further requires
that the last 8 years of qualifying service must in a Reserve Component.

18.  Title 10, U.S. Code, sections 1176(b)(1) states that "a reserve
enlisted member serving in an active status who is selected to be
involuntarily separated (other than for physical disability or for cause),
or whose term of enlistment expires and who is denied reenlistment (other
than for physical disability or for cause), and who on the date on which
the member is to be discharged or transferred from an active status is
entitled to be credited with at least 18, but less than 20 years of
service, computed under section 12732 of this title, may not be discharged,
denied reenlistment, or transferred from an active status without the
member's consent before the earlier of the following:  (a) the date on
which the member is entitled to be credited with 20 years of service
computed under section 12732 of this title; or (b) the third anniversary of
the date on which the member would otherwise be discharged or transferred
from an active status."

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was honorably discharged on
21 September 2002 under the provisions of Army Regulation 635-200, chapter
19, for non-retention on active duty under the QMP.  She had completed
8 years, 5 months, and 9 days of net active service on the date of her
discharge.

2.  The applicant completed 22 years and 5 days of service for basic pay
purposes and 19 years, 1 month, and 9 days of qualifying service for
retired pay.

3.  She failed to meet the criteria of Title 10, US Code, Section 12731
through 12737, which required that the last 8 years of qualifying service
must be performed as a member of the RC.  She was not issued, nor eligible
to have been issued, a notification of qualification for retired pay at age
60 (20-Year Letter) prior to separation.  She is currently 51 years of age.


4.  The applicant alleges that her previous case, on file, shows she
completed 23 years, 3 months, and 16 days of military service.  However, a
review of her previous case failed to show the military service that she
alleges.  Her previous case, dated 29 July 2004, shows she completed 7
years of active service and approximately 13 years of inactive service as a
member of the Reserve.
5.  The applicant did not qualify for retirement and has provided no
supporting evidence to show that her status should be changed to Retired
Reserve.  She failed to complete 20 years of creditable service for
retirement purposes and her previous case, dated 29 July 2004, failed to
show that she completed the 23 years, 3 months, and 16 days of qualifying
service for retirement purposes that she now claims to have served.

6.  Based on the evidence, there is no basis to grant her retired pay or to
show that she was credited with 20 years of creditable service for
retirement purposes. Therefore, there is insufficient basis to approve her
request.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 September 2002; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 21 September 2005.  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___  __PM___  __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                 |AR20060007036                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061206                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20020921                                |
|DISCHARGE AUTHORITY     |AR 635-200, CHAP 19                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |135                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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