RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 January 2008
	DOCKET NUMBER:  AR20070011352 


	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. Stephanie Thompkins

Analyst

The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Mr. Paul M. Smith

Member

Mr. Larry C. Bergquist

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, correction to his records to show a connection with the US Army for 20 years.  

2.  The applicant states, in effect, that all the time since his enlistment and being administered the oath of enlistment in 1959, he believes he has been connected with the US Army for in excess of 20 years.  He also states that in 1959, he was given the oath of induction into the military, where he served for two years in the Reserve Officers' Training Corps (ROTC) detachment.  From 1961 to 1963, he served at the University of Missouri, in the ROTC detachment and was then commissioned a second lieutenant (2LT) in June 1963.  From 1963 to 1966, he served as a 2LT in the United States Army Reserve (USAR).  In 1966, he was called to active duty as a first lieutenant (1LT) and served on active duty until November 1968.  Thereafter, he served as the commanding officer of a non-pay Reserve unit, at the then US Naval Reserve Building in Cape Girardeau, Missouri, up until approximately February 1980.  This facility was closed some time ago and the whereabouts of the records contained therein are unknown.  He is now 65 years of age and has been informed that in order to be eligible to purchase the Tricare Medical Supplement to Medicare coverage, he must show a connection with the Army for 20 years.  He has also been informed that he must have something from this Board in order to support and obtain approval for him to purchase the Tricare Medical Supplement and no other purpose.  He further states that the 1968 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is the only one he has in his possession.

3.  The applicant provides a copy of his 1968 DD Form 214 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 military records show he was appointed in the USAR, as a 2LT, effective 4 June 1963, from ROTC.  He was promoted to 1LT effective 3 June 1966.

3.  The applicant was ordered to active duty for a 2 year commitment, with an effective date of 30 October 1966, and he entered active duty effective 29 October 1966.  He was promoted to captain effective 29 January 1968.  

4.  The applicant was released from active duty (REFRAD) effective 28 October 1968, for the expiration of his active duty commitment.  He was transferred to the USAR Control Group (Reinforcement).  He was credited with 2 years net active service and 3 years, 4 months, and 24 days other service, for a total of 5 years, 4 months, and 24 days.

5.  On 23 January 1969, The Adjutant General, DA, issued the applicant a memorandum transferring him from the USAR Control Group (Reinforcement) and attaching him to Company C, 6th Battalion, 6th Infantry, Cape Girardeau, with an effective date of 1 December 1968, for training for award of retirement points.

6.  On 30 March 1969, the applicant was notified of his relief from the USAR Control Group (Reinforcement) due to the completion of his Ready Reserve obligation, with an effective date of 31 March 1969.  He was discharged from the USAR effective 31 May 1969.

7.  Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay Nonregular Service), in effect at the time, indicated, in pertinent part, 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 Components Soldier.  Paragraph 2-9 specified that service in the inactive Reserve is not creditable as qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in the USAR from 4 June 1963 to 28 October 1966.  He served on active duty from 29 October 1966 until his REFRAD on 28 October 1968, a period of 2 years total service.  On 1 December 1968, he was reassigned to a USAR unit for award of retirement points.  He was subsequently discharged from the USAR on 31 May 1969.  His contention that he was in an active status from 1968 to 1980 has also been noted. However, there is no evidence of record to support this contention.  

2.  Based on the facts, the applicant did not complete the required qualifying years of service for retirement and there is no evidence that he had a 20-year connection with the Army.  Therefore, he is ineligible to receive retirement benefits to include Tricare Medical Supplement to Medicare coverage.  

3.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LB____  __PMS__  _SLP ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




____Shirley L. Powell_____
          CHAIRPERSON




INDEX

CASE ID
AR20070011352
SUFFIX

RECON

DATE BOARDED
20080129
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19681028
DISCHARGE AUTHORITY
AR135-173
DISCHARGE REASON
Expiration of AD Commitment
BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
136.02
2.

3.

4.

5.

6.