RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 July 2007
      DOCKET NUMBER:  AR20070001545


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. David K. Haasenritter         |     |Member               |
|     |Ms. Laverne M. Douglas            |     |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 his records be corrected to show he
completed  20 qualifying years for a Reserve retirement.

2.  The applicant states that in November 1997 he called the U. S. Army
Reserve (USAR) retirement office and asked what he needed to do to get his
20-year letter (his notification of eligibility for retired pay at age 60).
 He was told that the USAR was not going to count his years he came in or
got off active duty.  With correspondence courses, he had 20 good years for
retirement.  He was told to reenlist and do another 3-year enlistment.  He
was informed that the years 1979, 1986, and 1989 were not going to be
counted even though he argued with the woman at the other end of his phone
call that Federal law only required that he complete 50 points per year to
qualify and there is no such rule allowing the USAR to throw out those
years.

3.  The applicant states that the records show he only has 10 hours in
correspondence courses.  He had completed, with the aid of correspondence
courses, 20 good years for retirement.  Since he was working full time,
going to graduate school full time, and taking code breaking correspondence
courses, he was a burnout and did not want to reenlist for 3 more years.
He had complied with Federal law and the USAR was telling him they were
above the law and did not have to comply with it.  He recently called the
USAR control group, and they informed him they did not keep the
correspondence records, and archives has no record of his completing any
correspondence courses.  He had a spread sheet from the correspondence
group that showed he had completed 30 hours in eight years, but he
destroyed it in a fit of rage as a result of the USAR telling him they were
above the law.

4.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 February 1998, the date he was apparently discharged
from the USAR.  The application submitted in this case is dated 21 January
2007.

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 18 August 1955.  He initially enlisted in the
USAR on 5 February 1975.  He enlisted in the Regular Army on 22 August
1979.  He was released from active duty on 19 May 1986 and transferred to
the USAR.  On 7 October 1986, he enlisted again in the Regular Army.  He
was released from active duty on 4 December 1989.  He enlisted in the USAR
on 5 December 1989 for 6 years.  His separation orders are not available;
however, his Chronological Statement of Retirement Points ends on 5
February 1998.

4.  The applicant’s Chronological Statement of Retirement Points shows his
retirement years began on 6 February and ended on 5 February (e.g., 6
February 1975 through 5 February 1976, 6 February 1976 through 5 February
1977,          6 February 1997 through 5 February 1998).

5.  The applicant’s Chronological Statement of Retirement Points shows he
earned 75 retirement points during retirement year ending (RYE) 5 February
1979.  During the partial (7 months and 5 days) year ending 10 September
1979, he earned 50 retirement points.  At the completion (4 months and 27
days) of that RYE (i.e., 5 February 1980), he earned an additional 148
retirement points.

6.  The applicant’s Chronological Statement of Retirement Points shows he
earned 103 retirement points during the partial (3 months and 14 days) year
ending 19 May 1986; he earned an additional 6 retirement points during the
partial (4 months and 17 days) year ending 6 October 1986; and he earned an
additional 122 retirement points at the completion (4 months and 2 days) of
that RYE (i.e., 5 February 1987).

7.  The applicant’s Chronological Statement of Retirement Points shows he
earned 302 retirement points during the partial (9 months and 29 days) year
ending 4 December 1989.  At the completion (2 months and 1 days) of that
RYE  (i.e., 5 February 1990), he earned an additional 3 retirement points.

8.  The applicant’s Chronological Statement of Retirement Points shows he
earned only 19 retirement points during RYE 5 February 1993.  During RYEs
   5 February 1996, 5 February 1997, and 5 February 1998, he earned only
      15 membership points (these RYEs appear to be after his normal
expiration term of service).

9.  The applicant’s Chronological Statement of Retirement Points shows he
completed 18 years and 5 days of qualifying service for a Reserve
retirement as of 5 February 1998.
10.  Sections 12731 through 12740 of Title 10, U.S. 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.  The term “good years” is an unofficial
term used to mean years in which 50 or more retirement points are earned
during each year and which count as qualifying years of service for
retirement benefits at age 60.

11.  Army Regulation 140-185 prescribes the types of training and
activities for which retirement points are authorized and the procedures
for recording retirement point credits and training for USAR Soldiers.  In
pertinent part, it provides that an annual Statement of Retirement Points
will be prepared for all Soldiers regardless of the number of points
awarded.  The purpose of the statement is to give a permanent record of the
total retirement points a Soldier earns during a retirement year; to tell
the Soldier whether he/she earned sufficient points to be credited with a
qualifying period for retired pay or for retention in an active status; and
to give the Soldier an opportunity to request correction of errors in the
statement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been carefully considered.  It appears
he only partially understands the requirements of the law.

2.  Federal law does require “only” that a member complete 50 points per
year to qualify for a Reserve retirement.  The applicant fails to consider
the “per year” part of the law.  Under the law, a Reserve Soldier must
complete a minimum of 20 qualifying years of service to be eligible for
retired pay at age 60.  The term “good years” is an unofficial term used to
mean years in which 50 or more retirement points are earned during each
year and which count as qualifying years of service for retirement benefits
at age 60.

3.  The period in 1979 (6 February 1979 through 10 September 1979) in which
the applicant contended he completed 50 retirement points was not a
complete year.  The “complete” year was RYE 6 February 1979 through 5
February 1980, which was counted as a qualifying year.

4.  The period in 1986 (6 February 1986 through 19 May 1986) in which the
applicant contended he completed 50 retirement points was not a complete
year. The “complete” year was RYE 6 February 1986 through 5 February 1987,
which was counted as a qualifying year.

5.  The period in 1989 (6 February 1989 through 4 December 1989) in which
the applicant contended he completed 50 retirement points was not a
complete year. The “complete” year was RYE 6 February 1989 through 5
February 1990, which was counted as a qualifying year.

6.  The applicant contended he completed 30 correspondence course hours in
eight years.  Unfortunately for him, he stated he destroyed the spread
sheet that showed he had completed those 30 hours in a fit of rage.
However, unless he completed enough of those correspondence course hours in
RYEs 5 February 1993, 5 February 1996, 5 February 1997, or 5 February 1998
(the only RYES he had that were not already qualifying years), they would
not have helped him complete any additional qualifying years he needed for
a Reserve retirement.  It is recognized that those last three RYEs appear
to have been after his normal expiration term of service.

7.  At the time, the Reserve Personnel Center sent annual statements of
retirement points to all Reserve Soldiers regardless of the number of
points awarded (the statements are currently being provided online).  The
applicant should have seen much earlier than November 1997 that he was
credited with less than 20 years of qualifying service.  He had an
obligation to himself at that earlier time to question the failure to
credit him with retirement points for correspondence courses and to have
the “complete” year requirement better explained to him.

8.  It is noted that the applicant is not yet 52 years old.  If qualified,
there is still time for him to enlist in the USAR to complete the two
remaining qualifying years for a Reserve retirement.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 February 1998; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on           4 February 2001.  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

__jns___  __dkh___  __lmd___  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.




                                  __John N. Slone_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070001545                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070717                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |136.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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