IN THE CASE OF: BOARD DATE: 15 January 2015 DOCKET NUMBER: AR20140007332 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his military records to show his retired pay grade as O-3E vice O-3 2. The applicant states He had to "buy back" 4 years of active duty for U.S. Postal Service retirement. He didn't know this would affect his pay grade as a Army Reserve retiree until March 2014. 3. The applicant provides copies of – * FAX Cover Sheet, dated 27 March 2014 * DFAS Cleveland Form 1340/2 (Estimated Earnings During Military Service (for Civil Service Retirement Purposes)) * DD Form 214 (Report of Separation from Active Duty) * Personal Check made payable to the U.S. Postal Service for Military Retirement Buy Back, dated 14 March 2009 * approximately 22 military leave and earnings statements * DD Form 2656 (Data for Payment of Retired Personnel) * ARPC Form 249-E(Chronological Statement of Retirement Points) CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the U.S. Marine Corps (USMC), entered active duty on 27 June 1973 and served 4 years. In June 1977 he was transferred to the USMC Reserve but did not participate. 2. He enlisted in the U.S. Army Reserve (USAR) on 27 February 1979, then served in the Army National Guard for a couple of years. He was commissioned a second lieutenant then returned to the USAR in 1983. He was promoted to captain with a date of rank of 6 August 1989. 3. A 24 September 1994 letter notified him he was eligible to receive retired pay at age 60 (a 20 Year Letter). On 6 August 1995 the applicant was voluntarily transferred to the Control Group (Retired). 4. The Leave and Earning Statements that he submitted in support of his application shows he was being paid in pay grade O-3E. The copy of the check shows the applicant "bought back" his military retirement time. 5. Public Law 97-253 provides Federal employees the opportunity to but into civilian retirement. The law divides such employees into two categories. Those who first became eligible after 1 October 1982 must pay a deposit to receive credit for military service. 6. The website "myarmybenefits.us.army.mil" explains that pay grades O-1E through O-3E apply to officers who have 4 years prior service as enlisted or warrant officers. Many other websites expand on this definition to explain that a Reserve officer who had accumulated 1460 retirement point in an enlisted or warrant office status would also qualify. 7. Many government and commercial websites address the issue of what is popularly and officially known as "military time buy-back" for Federal civilian retirement . The site www.abc.army.mil/retirements, FERSPost56.htm addresses the question "When Is A Period Of Military Service Creditable For Retirement Purposes?" as follows – A period of military service may be credited for retirement and death benefits purposes, subject to the following conditions: a. The military service was performed before the date of separation upon which title to an annuity is based; b. It was active duty (emphasis added) ; c. It was not included in the computation of military retired pay (emphasis added), or if it was included in retired pay, the retired pay was awarded based on disability incurred in combat with an enemy of the United States or caused by an instrumentality of war and incurred in the line of duty during a period of war; or granted under the provisions of Chapter 1223, Title 10, of the U.S. Code (Reserve or National Guard retirement). d. It was honorable service; e. A deposit is made for Post-56 (1956) military service. DISCUSSION AND CONCLUSIONS: 1. The applicant requests reestablishment of his O-3E pay grade. However, he effectively "traded-in" the enlisted service time that qualified him for that pay grade. 2. The provisions applicable to "buying back" military retirement are established by Federal law and the Board has no authority in the matter. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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. ___________x______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20140007332 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140007332 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1