RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 August 2007
      DOCKET NUMBER:  AR20070003200


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Ms. Ernestine I. Fields           |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 his discharge orders be revoked
and he be assigned to the Retired Reserve.

2.  The applicant states he recently discovered he was discharged instead
of transferred to the Retired Reserve.  He did not intend this discharge;
he did not request it.  If his actions or inaction caused this problem, he
apologizes as it was not his intent.

3.  The applicant provides discharge orders, dated 30 June 1995.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 June 1995.  The application submitted in this case is dated
21 February 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 29 September 1952.  After having prior
enlisted service in the Army National Guard (ARNG), he accepted a
commission in the ARNG on 7 May 1977.

4.  The applicant’s notification of eligibility for retired pay (his 20-
year letter) is dated 17 April 1992.

5.  The applicant’s National Guard Bureau (NGB) Form 22 (Report of
Separation and Record of Service) for the period ending 31 August 1992
shows he was honorably discharged from the ARNG and transferred to the U.
S. Army Reserve Control Group (Reinforcement) by reason of resignation from
the ARNG.  His resignation packet is not available.  He was not available
to sign his NGB Form 22.

6.  Military Department of Indiana Orders 174-015, dated 8 September 1992,
show the applicant was honorably discharged from the ARNG effective
    31 August 1992 and transferred to the USAR Control Group
(Reinforcement).  The additional instructions on these orders provide much
information pertaining to Retired reservists with 20 or more years of
military service for retirement.

7.  U. S. Army Reserve Personnel Center Orders D-06-553926 honorably
discharged the applicant, for an unknown reason, from the USAR effective
    30 June 1995.

8.  Army Regulation 140-10 prescribes policies, responsibilities and
procedures to assign, attach, remove or transfer USAR Soldiers.  In
pertinent part, it states an officer (other than a commissioned warrant
officer) or enlisted Soldier who  has accrued 20 years of qualifying
service for retired pay is required to attain    50 points annually to be
retained in an active status in the Selected Reserve, Individual Ready
Reserve (i.e., Control Group (Reinforcement)) or Standby Reserve (Active
List).  An officer (other than a commissioned warrant officer) or enlisted
Soldier who fails to attain 50 points by the anniversary of his or her
retirement year ending date will be removed from an active status.
Soldiers removed from an active status will be discharged or transferred to
the Retired Reserve.  Transfer to the Retired Reserve is authorized when
requested by Soldiers who are eligible.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to resign from the ARNG is not available;
therefore    it cannot be determined if there is a Government error or
injustice in this case.

2.  The applicant’s NGB Form 22 shows he was transferred to the USAR
Control Group (Reinforcement).  Even if the applicant had not been
available to sign his NGB Form 22, a reasonably prudent officer would have
requested a copy of it.  He could then have discovered any error in a
timely manner.  However, the additional instructions in his September 1992
orders discharging him from the ARNG raise a reasonable question as to
whether he should have been transferred to the USAR Control Group
(Reinforcement) or to the Retired Reserve.

3.  The applicant was then honorably discharged from the USAR effective
    30 June 1995.  Although the reason for his discharge is not known, it
appears the reason could have been that he failed to attain 50 points
annually after accruing 20 years of qualifying service of retired pay.

4.  Nevertheless, the applicant will not be eligible for retired pay for
another five years.  It would be in the Government’s interest to transfer
him to the Retired Reserve where he could be a mobilization asset for a
reasonable length of time to come.
BOARD VOTE:

__lds___  __eif___  __rjf___  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:

     a.  revoking U. S. Army Reserve Personnel Center Orders D-06-553926,
dated 30 June 1995, discharging him from the USAR; and

     b.  publishing orders assigning him to the Retired Reserve effective
30 June 1995.




                                  __Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070003200                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070807                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |135.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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