RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 May 2007
      DOCKET NUMBER:  AR20060015718


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Ms. Rose M. Lys                   |     |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, transfer to the Retired Reserve.

2.  The applicant states, in effect, that he should be placed in the
Retired Reserve.

3.  The applicant provides a copy of his Chronological Statement of
Retirement Points, a memorandum from Detachment 1, 459th Engineer
Battalion, and a copy of his separation orders in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred 20 February 2002, the date of his discharge from the USAR.  The
application submitted in this case is dated 7 November 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 that he enlisted in the USAR, as
a private, effective 31 May 1981, with prior Marine and Army service in the
Reserve.

4.  The applicant was issued a Memorandum, Subject:  Notification of
Eligibility for Retired Pay at Age 60 (Twenty Year Letter), on 7 July 2000.

5.  Orders Number 02-051-007, Headquarters, 99th Regional Support Command,
Coraopolis, Pennsylvania, shows that he was honorably discharged from the
USAR, in rank of sergeant (SGT), pay grade/E-5, on 20 February 2002.  His
separation orders do not show he was transferred to the Retired Reserve.

6.  Memorandum from Detachment 1, 459th Engineer Battalion, Wetzel County
Memorial U.S. Army Reserves Center, New Martinsville, West Virginia,
subject:  Correction of Records for the applicant, dated 27 October 2006,
signed by T------ L. S------, the unit administrator, states that he
submitted the applicant’s request to be transferred into the retired
reserves.

7.  His Chronological Statement of Retirement Points, dated 2 June 2005,
shows he was credited with 21 years, 8 months, and 21 days of qualifying
service, as of his discharge date.

8.  Army Regulation 135-180 (Army National Guard and Army Reserve-
Qualifying Service for Retired Pay Nonregular Service), Paragraph 2-1a
indicates 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 (1) attained age 60; (2) completed a minimum of 20
years of qualifying service; and, (3) served the last 8-years of his or
her qualifying service as a Reserve Component (RC) Soldier.  The
requirement to serve the last 8 years in a RC has since been amended to
the last 6-years, and on 26 April 2005, this requirement was reduced to
zero (0) years.

9.  Army Regulation 135-180 also specifies, in part, that each Reserve
component Soldier who completes the service required to be eligible for
retired pay at age 60 will be notified in writing with a 20-year letter
within 1 year after he/she completes the service.

10.  Army Regulation 140-10 sets 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be transferred to Retired Reserve
Control Group in view of his completion of over 21 qualifying years of
service for Reserve retirement.

2.  Evidence shows that the applicant requested transfer to the Retired
Reserve; therefore, his records should be corrected to assign him to the
Retired Reserve.

3.  The applicant meets eligibility requirements for assignment to the
Retired Reserve.  It would now be equitable and just to correct his
military records by revoking his discharge of 20 February 2002, and
assigning him to the Retired Reserve effective the same date, with
entitlement to retired pay upon his application at age 60.

4.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on (enter date); therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on (enter date).  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:

___RTD_  ____MJF_  ___RML_  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by revoking his 20 February 2002
discharge from the United States Army Reserve and showing he was
transferred to the Retired Reserve effective 20 February 2002, with
21 years,8 months, and 21 days of qualifying service for retired pay, upon
his application, at age 60.




                            ____Richard T. Dunbar___
                                      CHAIRPERSON





                                    INDEX

|CASE ID                 |AR20060015718                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/05/03                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |MR. SCHWARTZ                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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