RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 October 2007
      DOCKET NUMBER:  AR20070002534


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Carmen Duncan                 |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 he be awarded retirement points
for 1968 and 1969 that would allow him to receive non-regular retired pay.


2.  The applicant states, in effect, that due to lost and misfiled
documents, he did not earn sufficient points to qualify for non-regular
retired pay at age 60.

3.  The applicant provides three self-authored statements and three third-
party supporting statements 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 he initially was inducted into the Army of
the United States and entered active duty on 12 September 1963.  He served
on active duty for 1 year and 9 months until being honorably separated and
transferred to the United States Army Reserve (USAR) on 11 June 1965.

3.  The applicant's record shows he served in the USAR from 12 June 1965
through 31 August 1969, at which time he had a break in service until
23 February 1973.

4.  On 24 February 1973, he reentered the USAR and continuously served in
that status until being honorably discharged on 10 March 2000.

5.  The applicant's record contains a Reserve Retirement Point Summary that
documents his Reserve service and the points he earned.  This document
shows he earned a total of 2007 points and was credited with 19 years and 4
months of qualifying years of service for retirement purposes.  It also
shows that during the Retirement Year Ending (RYE) on 11 September 1968,
the applicant failed to earn the 50 retirement points necessary to
establish a qualifying year for retirement purposes.  He was credited with
a total of 15 points.  It also shows that for the RYE on 11 September 1967
he earned a total of 74 points and for the RYE on 11 September 1966, he
earned a total of 75 points.

6.  The applicant provides a third-party statement from a retired master
sergeant (MSG), who indicates he served in the same USAR unit as the
applicant between 1964 and 1983.  He states that he can attest to the fact
the applicant attended all drills and all annual training periods during
this period.  He states he and the applicant served on many of the same
committees and that the applicant rose from cook to head cook during these
years.

7.  The applicant also provides a statement from an individual who states
he served in the same USAR unit as the applicant from 1965 to 1973.  He
states that during that period, the applicant worked as a cook with him and
they both were under the supervision of the MSG who provided the statement
referred to in the preceding paragraph.  The applicant provides another
third-party statement from another individual who also states he served in
the same USAR unit with the applicant from 1961 through 1969.

8.  Army Regulation 135-180 (Qualifying Service For Retired Pay Non-Regular
Service) prescribes the policy and procedures for granting retired pay
benefits at age 60, under Title 10, United States Code, Chapter 67,
sections 1331 to 1337.  This regulation specifies, in pertinent part, that
to be eligible for retired pay an individual must have attained age 60 and
completed a minimum of 20 years of qualifying service and that subsequent
to 1 July 1949, qualifying service is granted only for each year of service
an individual earns 50 or more retirement points.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant completed 19 years and
4 months of qualifying military service for retirement.  It also shows that
he earned more than a sufficient total number of points (2007) necessary to
be credited with 20 qualifying years of service for retirement purposes at
the time of his discharge.

2.  The evidence further shows that in the RYE on 11 September 1968, the
applicant earned 15 points, which was 35 less than the 50 retirement points
necessary to establish a qualifying year for retirement purposes.  However,
for the RYE on 11 September 1967, he earned 74 points, which is 24 more
than the 50 needed for a qualifying year; and for the RYE on 11 September
1966, he earned 75 points, which is 25 more than the 50 needed for a
qualifying year.

3.  In view of the information provided in the 3rd party statements, which
indicates the applicant attended all drills and active duty for training
during the year 1966 through 1968, coupled with the fact the applicant
earned nearly twice the number of total points necessary to receive 20
qualifying years of service, and because he met all other requirements to
receive non-regular retired pay, it would be appropriate and serve the
interest of equity to redistribute 25 points from the RYE on 11 September
1966 and 10 points from the RYE on
11 September 1967 to the RYE ending on 11 September 1968, as an exception
to policy; and to correct his record to show he completed 20 years and 4
months of qualifying service for retirement, with eligibility for retired
pay and placement on the Retired List at age 60, 16 April 2000.  His
entitlement to retired pay should not be retroactive and should be
effective the date of this Board action.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___CD__  __CAD __  __RDG__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by:

      a.  redistributing 20 points from his RYE on 11 September 1966 and
10 points from his RYE on 11 September 1967 to his RYE on 11 September
1968, as an exception to policy;

      b.  showing his RYE on 11 September 1968 was a qualifying year for
retirement purposes;

      c.  showing he completed a total of 20 years and 4 months of
qualifying years for non-regular retirement, with eligibility for retired
pay and placement on the Retired List at age 60 on 16 April 2000; and

      d.  showing that his entitlement to retired pay commences on the date
of approval of this Board action.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
granting additional retirement points for 1968 and 1969, or to an earlier
effective date for retired pay.




                            _____Carmen Duncan_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002534                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/10/30                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1988/06/23                              |
|DISCHARGE AUTHORITY     |AR 135-178                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |129.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]