PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           15 JULY 2003                  
	DOCKET NUMBER:   AR2002077915

	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	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Eric N. Andersen		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  In effect, the applicant requests that her records be corrected to reflect her correct active service time in order to receive the severance pay due her.

3.  In a 25 June 2002 letter to a Member of Congress (MC), the applicant provides details of her efforts to correct her records.  She includes copies of correspondence from and to this agency, and a copy of her 21 March 2002 application to this Board.   

4.  In her application, she requests an updated ARPC Form 249 (Chronological Statement of Retirement Points), and a correction of her period of active service as shown on the order discharging her because of her physical disability on      30 June 2000. 

5.  She states that although the MC received an ARPC Form 249, she did not.  According to the 249, her years of active service credit should be increased.  She attempted to get the Physical Disability Agency to correct the order discharging her to show that her active service should be changed from 2 years, 9 months, and 19 days, to 3 years, 10 months, and 21 days, as shown in the 29 January 2002 letter from the Physical Disability Agency.  She states that she was on active duty from 21 March 1989 to 31 July 1991, served in the Gulf War, and went into the Army Reserve on 1 August 1991 upon her release from active duty. She was a member of the Army Reserve until 30 June 2000 when she was medically discharged.  She states that her documents should be corrected and that she receive full severance pay reflecting her service to her country from     21 March 1989 to 30 June 2000.

6.  The applicant’s military records show that she enlisted in the Army on 11 April 1989, was released from active duty on 31 July 1991 with an honorable characterization of service, and transferred to a Reserve unit in Glens Falls, New York.  She had 2 years, 3 months, and 21 days of service. 

7.  In a 20 June 2000 letter, the Physical Disability Agency informed the applicant that she was credited with 2 years, 9 months, and 19 days of active service.  The letter enclosed the 20 June 2000 order discharging her from the Army Reserve effective 30 June 2000 with a 20 percent disability rating, and authorizing her severance pay based on the above mentioned period of active service.  

8.  In a 28 August 2001 letter, the Army Reserve Personnel Command informed a MC that the applicant’s retirement points were corrected, that a printout of those retirement points were enclosed, and that an ARPC Form 249 was being sent to her. 

9.  That printout shows that the applicant had 1159 active duty points, 106 inactive duty and extension course points, and 136 membership points, for a total of 1401 points, or 3 years, 10 months, and 21 days of active service computed under 10 U.S.C., Section 1208.

10.  On 29 January 2002 the Physical Disability Agency informed a MC that it had reviewed the applicant’s retirement points and determined that she was entitled to 3 years, 10 months, and 21 days of active service; and that because she was no longer on active duty, it could not correct her orders.  The MC was informed that she would have to apply to this Board for relief.

11.  10 U.S.C, Section 1208, provides for the computation of service for both Regular and Reserve Component soldiers, and states in effect, that a member of the regular component shall be credited with the service that he or she has for the purpose of separation; and refers to Section 12733 in computing service for a Reserve Component soldier. 

12.  Section 12733, along with the applicable portions of Section 12732 provide for one point for each day of active service, one point for each attendance at drill or a period of equivalent instruction, and points at the rate of 15 a year for membership in a Reserve component of an armed force. 

CONCLUSIONS:

1.  The applicant had 3 years, 10 months, and 21 days of active service computed under 10 U.S.C., Section 1208.  She should receive severance pay based on that period of service.  

2.  Consequently, the Physical Disability Agency Order D118-1, dated 20 June 2000, should be amended to authorize the applicant disability severance pay in grade of sergeant based on the above mentioned period of service.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That the Physical Disability Agency amend Order D118-1, dated 20 June 2000, to authorize the applicant disability severance pay in grade of sergeant based on 3 years, 10 months, and 21 days of active service computed under                       10 U.S.C., Section 1208. 

NOTE:  The Army Reserve Personnel Command at St. Louis is requested to issue the applicant a copy of ARPC 249 showing her chronological statement of retirement points, if they have not already done so.

BOARD VOTE:  

__FNE __  __MVT__  __ENA __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2002077915	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030715	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.