RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            19 February 2004  
	DOCKET NUMBER:   AR2003088857

	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. Raymond J. Wagner		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Robert Duecaster		Member	

	The applicant and counsel if any, did not appear before the Board.

	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 completed 20 qualifying years for a nonregular retirement.

2.  The applicant states that he attended summer camp, had correspondence courses, and every other training necessary for his good years.  The 2290th     [U. S. Army Hospital] had the worst personnel [section] in the U. S. Army Reserve (USAR).  He lost the papers which would verify his points during Hurricane Andrew in 1992.  

3.  The applicant provides several Chronological Statements of Retirement Points; a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); two letters of appreciation dated 8 June 1970 and 26 May 1966; orders dated 13 June 1984 assigning him from the Control Group Reinforcement to a Reserve unit; annual training orders dated 11 May 1979; an Army Commendation Medal certificate dated 22 September 1970; an Honorable Discharge Certificate dated 10 August 1970; a certificate of appreciation dated   5 January 1975; a copy of his Regular Army DA Form  2-1 (Personnel Qualification Record); and Meritorious Unit Commendation orders dated              2 February 1967.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error or injustice which occurred on 24 July 1980.  The application submitted in this case is dated 15 March 2003.

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 limitation 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 27 July 1939.  After having had prior service in the U. S. Air Force and Regular Army, he enlisted in the USAR on 5 May 1974 and was assigned to the 2290th U. S. Army Hospital, Rockville, MD.

4.  The applicant's USAR DA Form 2-1 shows he was assigned to the 2290th     U. S. Army Hospital from 5 May 1974 through 24 July 1980.

5.  On 10 December 1982, the applicant was transferred to the USAR Control Group (Reinforcement).  He continued to earn some retirement points (in addition to membership points) during retirement year ending (RYE) 4 May 1984 (a total of 28 points) and RYE 4 May 1985 (a total of 40 points).

6.  A retirement points search request was made on 19 September 1984.  The search failed to find any active duty points on the applicant for retirement year ending (RYE) 4 May 1976.

7.  The applicant's Chronological Statement of Retirement Points dated                13 October 1986 shows that RYEs 4 May 1975, 4 May 1977, 4 May 1978, 4 May 1979, 4 May 1980, and 4 May 1981 were qualifying years for retirement.  It shows that for RYE 4 May 1976 he earned only 41 retirement points (but he apparently annotated this document to show he earned an additional 14 active duty points).

8.  By U. S. Army Reserve Personnel Center letter dated 30 April 1985, the applicant was granted authority for his immediate reenlistment with an effective date of 22 April 1985.  He apparently did not execute a reenlistment contract.   He was honorably discharged from the USAR effective 24 July 1985.  

9.  The applicant's Chronological Statement of Retirement Points dated             19 September 2002 shows the same information for those RYEs as on the         13 October 1986 statement.  Both of these statements show he had completed 18 years, 4 months, and 20 days of qualifying service for a nonregular retirement.

10.  Army Regulation 140-185 prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for USAR soldiers.  In pertinent part, it provides that an annual Statement of Retired Points will be prepared for all soldiers regardless of the number of points awarded.  The purpose of the statement is to give a permanent record of the total retirement points a soldier earns during a retirement year; to tell the soldier whether he/she earned sufficient points to be credited with a qualifying period for retired pay or for retention in an active status; and to give the soldier an opportunity to request correction of errors in the statement.

11.  Army Regulation 135-180 implements statutory authorities governing the granting of “retired pay” to soldiers and former Reserve components soldiers.

12.  Sections 12731 through 12740 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 evidence of record shows the applicant earned a qualifying year for a nonregular retirement during six of the seven RYEs he was assigned to the 2290th U. S. Army Hospital.  

2.  The evidence of record shows there was some question concerning the number of retirement points the applicant earned during RYE 4 May 1976 (the one RYE while assigned to the 2290th U. S. Army Hospital he did not complete a qualifying year for a nonregular retirement) as early as 1984 and again in 1986. 

3.  The evidence of record shows the applicant is almost 2 years short of qualifying for a nonregular retirement.  His retirement points for his nonqualifying years cannot be verified from official records at this late date.

4.  Records show the applicant should have discovered the error or injustice now under consideration on 24 July 1980 (the date he was reassigned from the 2290th U. S. Army Hospital); therefore, the time for the applicant to file a request for correction of any error or injustice expired on 24 July 1983.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__rjw___  __mhm___  __rd____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  

		__Raymond J. Wagner___
		        CHAIRPERSON

INDEX

CASE ID	AR2003088857	
SUFFIX		
RECON		
DATE BOARDED	20040219	
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.