IN THE CASE OF:	 

		BOARD DATE:	        26 FEBRUARY 2009

		DOCKET NUMBER:  AR20080018316 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his records be corrected to show his service in the Iowa Army National Guard and his last year of service in the California Army National Guard.  

2.  The applicant states his service in the Iowa Army National Guard included two summer camps and a promotion to first lieutenant.  He states he was active in the California Army National Guard after April 1968 as a Tactics Instructor and in 1969 as a liaison officer with a maneuver area training command at Fort Irwin, California.  The applicant also notes that after 31 August 1969 he was part of reserve training and completed a course from the Industrial College of the Armed Forces.

3.  The applicant provides a copy of a handwritten 30 June 1968 worksheet reflecting qualifying service for retired pay which shows service in the Iowa National Guard between 4 February 1952 and 4 October 1953 was not verified and therefore not included in the worksheet computation.  The worksheet concluded with service ending on 30 April 1968 in the California Army National Guard.  He also submits a December (year not readable) handwritten Statement of Service which reflects his Army National Guard service at various ranks between 1957 and 1969.





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.  Records available to the Board indicate the applicant, who was born on 
28 April 1926 and initially entered military service as an enlisted Regular Army Soldier in 1944.  In February 1947 he was commissioned as a second lieutenant and in August 1948 was released from active duty.  He remained a member of the United States Army Reserve until 1949 when he became a member of the Army National Guard.

3.  On 12 March 1969 the applicant was notified that he had completed the required years of service to be eligible for retired pay upon application at age 60.  Orders issued by the California Army National Guard on 25 August 1969 released the applicant from the California Army National Guard on 26 August 1969 and transferred him the United States Army Reserve Control Group (Standby).

4.  Various chronological statements of retirement points, contained in the applicant’s file, confirm he was credited with qualifying years of service for retirement purpose for his retirement years ending on 30 June 1951 through 
30 June 1954 which included his service as a member of the Iowa Army National Guard.  Those same statements also show that he was credited with a qualifying year of service for retirement purpose for the retirement year ending on 
30 June 1969.  The applicant reached his mandatory removal date on 9 March 1977; however, he was not discharged from the United States Army Reserve until 26 June 1979.  The applicant did not accumulate any more years of qualifying service for retired pay after 1969.

5.  There is no document in the applicant’s file, or provided by the applicant, which confirms completion of a course form the Industrial College of the Armed Forces after 31 August 1969.  There is, however, a service school academic evaluation report which indicates the applicant was enrolled in a course at the 6237th United States Army Reserve School in 1976, but did not complete the course because he “reached the mandatory retirement date on 6 March 1977.”

6.  On 15 May 1986 the applicant’s application for retired pay under Title 10, United States Code, Section 1331, was approved.  He was provided a Certificate of Retirement and orders effecting his retired pay.  His name was placed the retired list effect 28 April 1986.  He had 24 years, 9 months, and 17 days of service credited for retirement and that service is captured on his chronological statement of retirement points dated 10 November 1985.
7.  Army Regulation 140-1, Army Reserve Mission, Organization, and Training, prescribes the types of assignments and training for which a Reservist may be awarded retirement points.  These include proper unit assignment or attachment, proper pay category, participation in training assemblies which are properly scheduled by the unit, participation in types of training assemblies that are authorized by Army Regulations, Inactive Duty for Training (IDT) points (earned as a troop program unit (TPU) member or as an Individual Ready Reserve (IRR)/Individual Mobilization Augmentee (IMA) Soldier attached to a TPU)), Active Duty (AD), Active Duty for Training (ADT), Annual Training (AT), Active Duty Special Work (ADSW), Correspondence Course Points, Funeral Honors Duty, and points-only (non-paid) status.
DISCUSSION AND CONCLUSIONS:
1.  It appears the applicant may have interpreted the information contained on the two handwritten documents as evidence that his records were incorrect because those documents failed to confirm his service in the Iowa Army National Guard and his last year of service with the California Army National Guard.  However, a review of his available records confirms that when his final chronological statement of retirement points was completed in 1985 the periods in question were included in the computation.

2.  Unfortunately, there is no evidence, and the applicant has not provided any which confirms he completed a course of instruction with the Industrial College of the Armed Forces and as such there is no basis to correct his record to reflect that information.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.



4.  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

___X_____  ____X____  ___X_____  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.




      _______ _ XXX  _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080018316



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ABCMR Record of Proceedings (cont)                                         AR20080018316



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