RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 February 2006
      DOCKET NUMBER:  AR20050009476


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Mark W. Schaefer              |     |Member               |
|     |Mr. Roland S. Venable             |     |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 he be awarded retirement points for his
participation in the Health Professions Scholarship Program (HPSP).

2.  The applicant states his retirement points do not reflect his
participation in the HPSP.  He states he did not discover this error until
8 May 2005.

3.  The applicant provides U. S. Army Reserve Components Personnel and
Administration Center (RCPAC) Letter Order Number 10-950922 dated
     9 October 1973; RCPAC Letter Order Number T-02-78194 dated 19 February
1974; RCPAC Letter Order Number T-10-96381 dated 2 October 1974; a DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge) for
the period ending 29 May 1967; and a DD Form 214 (Certificate of Release or
Discharge from Active Duty) for the period ending 11 March 1982.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on or about 23 September 1996 (the date the law was changed to
allow service credit for retirement purposes for participation in the
HPSP).  The application submitted in this case is dated 20 June 2005.

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’s military records (except for a fiche containing his two
DD Forms 214) are not available to the Board.  This case is being
considered using reconstructed records, which primarily consist of the
documents provided by the applicant and a statement of retirement points.

4.  The applicant was born on 8 May 1945.  After having had prior service
in the U. S. Navy and U. S. Naval Reserve, the applicant accepted
appointment in the U. S. Army Reserve (USAR) HPSP effective on or about 23
September 1973.

5.  The applicant was ordered to 45 days of active duty for training, with
a reporting date of 7 March 1974, while in the HPSP.  He was ordered to 45
days of active duty for training, with a reporting date of 9 October 1974,
while in the HPSP.

6.  On 3 January 1976, the applicant entered extended active duty.  He was
released from active duty on 11 March 1982 and transferred to the USAR
Control Group (Reinforcement).

7.  A statement of retirement points on the applicant, which ends with
retirement year ending 25 September 1995, shows he had 10 years, 11 months,
and 3 days of qualifying service for a Reserve retirement as of that date.
It shows he earned no points other than membership points after his release
from active duty.  It does not show 45 days of active duty points for the
periods he attended active duty for training while in the HPSP.

8.  Public Law 104-201, dated 23 September 1996 amended Title 10, U. S.
Code, subsection 2126(a) and added subsection 2126(b) to provide for
service in the HPSP to be creditable for award of retirement points for
computation of years of service under certain conditions.  Prior to this
date, service in the HPSP was not creditable for award of retirement
points.

9.  Public Law 106-65, dated 5 October 1999, amended Title 10, U. S. Code,
chapter 105 (Armed Forces Health Professions Financial Assistance
Programs), subchapter 1 (Health Professions Scholarship and Financial
Assistance Program for Active Service), section 2126 (Members of the
program: service credit), by amending subsection 2126(b), to state the
Secretary concerned may authorize service performed by a member of the
program in pursuit of a course of study under this subchapter to be counted
in accordance with this subsection if the member (A) completes the course
of study; (B) completes the active duty obligation imposed under section
2123(a)(1) of this title; and (C) possesses a specialty designated by the
Secretary concerned as critically needed in wartime.

10.  Title 10, U. S. Code, section 2126(b)(3) states the number of points
credited to a member under paragraph (1) for a year of participation in a
course of study is 50.  The points shall be credited to the member for one
of the years of that participation at the end of each year after the
completion of the course of study that the member serves in the Selected
Reserve and is credited with at least     50 points.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant does not meet the statutory
requirement for award of retirement points for participation in the HPSP.

2.  The law provides for the award of 50 retirement points for a year of
participation in a course of study.  However, the points shall be credited
to the member for one of the years of that participation at the end of each
year after the completion of the course of study that the member serves in
the Selected Reserve and is credited with at least 50 points.

3.  The available evidence of record shows the applicant did not serve in
the Selected Reserve after he completed the HPSP.  In addition, there is no
evidence to show he met one of the primary eligibility criteria (possess a
specialty designated by the Secretary concerned as critically needed in
wartime).

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on or about 23 September 1996; therefore,
the time for the applicant to file a request for correction of any error or
injustice expired on 22 September 1999.  The applicant did not file within
the 3-year statute of limitations.  However, he contended he did not
discover the error until May 2005 (about the time he turned age 60) and,
based on his contention, 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

__mkp___  __mws___  __rsv___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  _Margaret K. Patterson
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009476                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060209                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |135.02                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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