RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 March 2006
      DOCKET NUMBER:  AR20050015371


      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. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Larry J. Olson                |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 his mandatory removal date (MRD) be
adjusted from 1 September 2006 to 18 November 2006.

2.  The applicant states that, in good faith, he originally requested his
MRD be adjusted to 1 September 2006 because his retirement year beginning
date was listed as 1 September.  It was not until after his original
application was considered that his retirement year beginning date was
changed.  Thus, to complete 20 years of qualifying service for retirement,
his MRD needs to be adjusted to 18 November 2006.

3.  The applicant provides the 26 March 2004 letter forwarding the Army
Board for Correction of Military Records (ABCMR) Docket Number AR2003087547
to him; a Chronological Statement of Retirement Points dated 15 March 2003;
a memorandum dated 25 April 2003; his DA Form 2B (Personnel Qualification
Record Commissioned Officer); appointment orders dated 7 December 1987;
U. S. Air Force Reserve (USAFR) termination of appointment orders dated
     5 January 1988; a current Statement of Retirement Points; and a letter
dated     18 February 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant was originally appointed in the USAFR on 10 August 1973.
He was placed in an inactive status in the USAFR on 26 September 1983.

2.  The applicant was appointed a captain in the Judge Advocate General's
Corps in the U. S. Army Reserve on 19 November 1987.  His retirement year
ending date (RYE) was established as 9 August ****, based upon his
appointment in the USAFR on 10 August 1973.  Upon attaining the rank of
colonel his MRD was established as 1 September 2003 (the first day of the
first month after the month he would complete of 30 years of commissioned
service).

3.  In 2003, the applicant requested an extension of his MRD for 3
additional years based on the fact he did not have the opportunity to serve
while a member of the USAFR given the lack of positions.  He stated he
needed the extension in order to qualify for retirement.  On 16 March 2004,
the ABCMR recommended his MRD be adjusted to 1 September 2006 and the
recommendation was approved.

4.  Sometime after 16 March 2004, the applicant's RYE was changed to
    18 November ****.

5.  Army Regulation 140-10 (Assignments, Attachments, Details, and
Transfers) states, in pertinent part, that colonels will be removed from an
active status once they complete 30 years of commissioned service if they
were under age 25 at initial appointment.

6.  Title 10, U. S. Code, section 14507 states a Reserve officer of the
Army who holds the rank of colonel, and who is not on a list of officers
recommended for promotion to the next higher grade, shall be removed from
the reserve active-status list on the first day of the month after the
month in which the officer completes 30 years of commissioned service.

7.  Army Regulation 140-185 (Training and Retirement Point Credits and Unit
Level Strength Accounting Records) states, in pertinent part, that the
retirement year, once established, will not change as long as the Soldier
has continuous service in an active status in a Reserve and or a Regular
component.  It will change when there is a break in active status.

DISCUSSION AND CONCLUSIONS:

1.  When the ABCMR considered the applicant's case on 16 March 2004, his
RYE was believed to be 9 August ****.  Based upon that information, the
ABCMR adjusted his MRD to 1 September 2006.  It was the intent of the ABCMR
to enable the applicant to qualify for retirement.

2.  Since the applicant's last service while in the USAFR was in the
inactive USAFR, his RYE should have been changed to 18 November ***** at
the time he entered the USAR.  However, his RYE was not changed to 18
November **** until after the ABCMR adjusted his MRD to 1 September 2006.
Since it was the intent of the ABCMR to enable the applicant to qualify for
retirement, it would be equitable at this time to further adjust his MRD to
1 December 2006 (the first day of the month after the month in which he
will complete 30 years of commissioned service).

BOARD VOTE:

__bje___  __ljo___  __rdg___  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing he was selected for retention through 1 December 2006 and by
adjusting his MRD accordingly.




                                  ___Barbara J. Ellis___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015371                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060328                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |136.01                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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