RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 March 2006
      DOCKET NUMBER:  AR20050011997


      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:

|     |Mr. John P. Infante               |     |Chairperson          |
|     |Mr. Jeffrey P. Parsons            |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 records be corrected to
show he qualified for a Reserve retirement.

2.  The applicant states he had to stop going to meetings for a year and a
half because he had a heart problem.  He lost his home, his car, and his
business when he could not work or go to Reserve meetings until the doctors
released him to go to work.  When he tried to reenlist, he was barred from
doing so because of his heart problem.  He had 19 years, 11 months, and 27
days of service.

3.  The applicant provides his service medical records and his current
medical records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 5 January 1986.  The application submitted in this case is
dated 4 August 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 was born on 15 December 1943.  He enlisted in the U. S.
Army Reserve (USAR) on 9 January 1966.  He last reenlisted in the USAR
  on 6 January 1980 for 6 years.

4.  A Holter ECG (electrocardiogram) Report, scanned 1 September 1985,
indicated the applicant had a history of chest and back pain but the 24-
hour dynamic ECG showed no abnormalities.

5.  On 5 January 1986, the applicant was honorably discharged from the USAR
upon his expiration term of service (ETS).  He had completed 19 years of
qualifying service for a Reserve retirement.  He had completed a total of

19 years, 11 months, and 27 days of service for pay.  His retirement year
ending (RYE) 8 January 1986 shows he earned 47 retirement points (24
inactive duty points, 8 extension course points, and 15 membership points).

6.  Subsequent to the applicant's separation, he had an extensive medical
history of heart problems.

7.  Army Regulation 140-111 (U. S. Army Reserve Reenlistment Program),
Table 2-1 (basic reenlistment eligibility criteria) states, in part, that a
member who does not meet the retention medical fitness standards is
disqualified for reenlistment but the disqualification is waivable.  Table
3-1 (authorized reasons and periods of extension) states, in part, that, to
reach a retirement eligibility date when the required period is less than
the minimum term of service authorized for reenlistment, a member may be
extended for the period required to reach a retirement eligibility date.

8.  Sections 12731 through 12738 of Title 10, U.S. Code, authorize retired
pay for Reserve component military service.  Under this law, a Reserve
Soldier must complete a minimum of 20 qualifying years of service to be
eligible for retired pay at age 60.  The term “good years” is an unofficial
term used to mean years in which 50 or more retirement points are earned
during each year and which count as qualifying years of service for
retirement benefits at age 60.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was discharged from the USAR upon his ETS of 5 January
1986, 3 days short of completing 20 years of service for pay and 3 points
short of completing 20 qualifying years for a Reserve retirement.

2.  The applicant's contention that his health prevented him from attending
further inactive duty training is noted; however, he could have earned the
required         3 additional retirement points he needed through
additional extension courses, and he could have extended his enlistment for
one month.  There is a reasonable question as to whether he was counseled
prior to his separation concerning these options.  Therefore, it would be
equitable to correct his records to show he is eligible for a Reserve
retirement.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 January 1986; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on           4 January 1989.  The applicant did not file
within the 3-year statute of limitations; however, the available evidence
shows that it would be in the interest of justice to excuse failure to
timely file in this case.
BOARD VOTE:

__jpi___  __jpp___  __eem___  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.  voiding his separation of 5 January 1986;

      b.  showing he extended his 6-year enlistment of 6 January 1980 for
     1 month;

      c.  showing he separated by reason of ETS on 5 February 1986;

      d.  redistributing his excess retirement points to provide him with a
qualifying year of service for retirement year ending 8 January 1986; and

      e.  issuing him a certificate of eligibility to show he is entitled to
Reserve retired benefits at age 60.




                            __John P. Infante_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050011997                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060323                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |136.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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