RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2007
      DOCKET NUMBER:  AR20070001476


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Mr. Paul M. Smith                 |     |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, to change his status to Retired
Reserve.

2.  The applicant states, in effect, that he was not informed of the
different categories of retirement.  The applicant further states, in
effect, that he had no input to which retirement category he was placed in.

3.  The applicant provides a copy of his Chronological Statement of
Retirement Points, a copy of his NGB Form 22 (Report of Separation and
Record of Service), and a copy of his separation orders in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s record shows that he was sent a memorandum from the
State of Indiana Military Department, Office of the Adjutant General,
Indianapolis, Indiana, on 15 November 1991, notifying him that having
completed the required number of years of service; he would be eligible to
receive retired pay at the age of 60.

3.  The applicant's military records show that he was honorably transferred
to the United States Army Reserve (USAR) Personnel Center Control Group, as
a Lieutenant Colonel, effective 30 September 1997, with prior service in
the Army National Guard (ARNG).

4.  His Army National Guard Current Annual Statement, dated 11 March 1996,
shows he was credited with 24 years, 4 months, and 20 days of creditable
service for retirement as of his discharge from the ARNG and transfer to
the USAR.

5.  His Chronological Statement of Retirement Points, dated 31 May 2007,
shows that he was credited with 00 years, 00 months, and 00 days of
qualifying service, as of his discharge date from the USAR.

6.  Orders Number D-06-946437, U. S Army Reserve Personnel Command, St.
Louis Missouri, dated 28 June 1999, shows that he was honorably discharged
from the USAR, in the rank of COL, pay grade/O-6, effective 28 June 1999.
His separation orders do not show that he was transferred to the Retired
Reserve.

7.  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
in view of his completion of over 24 qualifying years of service for
Reserve retirement.

2.  The evidence of records shows that the applicant was qualified for
transfer to the Retired Reserve in view of his completing 20 qualifying
years of service for Reserve retirement.

3.  There is no evidence in the available records, nor has the applicant
provided any evidence that shows he requested transfer to the Retired
Reserve; however, it appears that had the applicant clearly understood the
consequences of not making the election to transfer to the Retired Reserve,
he would have elected to transfer to the Retired Reserve in a timely
manner.

4.  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 28 June 1999, and
transferring him to the Retired Reserve effective the same date, with
entitlement to retired pay upon his application at age 60.

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



BOARD VOTE:

___TAP__  ___ENA_  ___PMS_  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
revoking his 28 June 1999 discharge from the United
States Army Reserve and showing he was transferred to the Retired Reserve
effective 28 June 1999, and that his chronological statement of retirement
points be audited to ensure that his service as reflected on the ARNG
points statement and his USAR period of service 1 October 1997 through 28
June 1999 is properly reflected as a consolidated points statement.




                            ____Thomas A. Pagan____
                                      CHAIRPERSON
                       INDEX

|CASE ID                 |AR20070001476                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/13                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |MS. MITRANO                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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