| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. Thomas Lanyi | Member |
2. The applicant requests, in effect, that his retirement basic pay rate be adjusted from captain/0-3 (CPT/0-3) to CPT/0-3E.
3. The applicant states, in effect, that his status as a prior enlisted solider and officer was omitted from his retirement order. Therefore, he did not receive credit for his prior enlisted service and thus, he did not receive retired pay based on the proper pay scale as a CPT/0-3E.
4. The applicant’s military records show that he was retired by reason of physical disability on 27 February 1998, and that he is currently receiving retired pay as a CPT/0-3.
5. A separation document (DD Form 214) on file, confirms that the applicant served on active duty in the United States Marine Corps (USMC) in an enlisted status for 3 years and 9 months, between 20 November 1972 and 19 August 1976, at which time he was honorably discharged in the rank of corporal/E-4.
6. A Report of Separation and Record of Service (NGB Form 22) on file confirms that the applicant served in an enlisted status in the Army National Guard (ARNG) from 20 August 1976 through 23 June 1979. A Verification of Service Letter, issued by the Office of the Adjutant General, Indiana ARNG, dated
16 April 1981, confirms that the applicant completed 111 days of active duty or active duty for training in an enlisted status during his tenure in the ARNG.
7. In connection with the processing of this case, the Defense Finance and Accounting Service (DFAS) retired pay section was contacted, in order to determine the retired pay grade on which the applicant’s retired pay was based. A DFAS official confirmed that the applicant was being paid retired pay as a CPT/0-3 and not as a CPT/0-3E.
8. The Department of Defense Financial Management Regulation (DoDFMR), Volume 7A, provides the DoD policy on the pay and allowances of military personnel. Paragraph 010301 contains the policy and criteria for awarding the pay grades 01E, 02E, and 03E. It states, in pertinent part, that commissioned officers with over 4 years of prior active service as an enlisted member, warrant officer, or combined service in both grades are entitled to count such service for the purposes of computing basic pay for longevity purposes. Such prior service includes active service in either a Regular or Reserve component of both (i.e., active duty for training in an enlisted or warrant officer status, annual Reserve training duty, and full time National Guard duty). Service on active duty or active duty for training for at least 4 years and 1 day satisfies the over 4 year requirement of this section.
CONCLUSIONS:
1. The Board notes the applicant’s contention that he is entitled to receive retired pay as a CPT/0-3E based on his prior enlisted service and it finds this claim has merit.
2. The evidence of record confirms that the applicant completed a total of
4 years and 21 days of prior active duty enlisted service, 3 years and
9 months in the USMC and 111 days (3 months and 21 days) in the ARNG, which satisfies the 4 years and 1 day of prior active enlisted service requirement of the regulation. Therefore, the Board concludes that the applicant is eligible to receive retired pay at the CPT/0-3E rate and that it would appropriate to adjust his retired pay rate accordingly at this time.
3. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing that the individual concerned completed 4 years and 21 days of prior enlisted active service before becoming a commissioned officer; by providing him retired pay at the CPT/0-3E rate; and by providing him any back pay due as a result.
BOARD VOTE:
__FNE__ ___LE___ ___TL___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
____Fred N. Eichorn___
CHAIRPERSON
| CASE ID | AR2001064740 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/03/28 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1998/02/27 |
| DISCHARGE AUTHORITY | AR 635-40 |
| DISCHARGE REASON | Disability |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 338 | 136.0000 |
| 2. 283 | 128.0000 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2014 | 20140020491
He requested resignation effective upon the date of his enlistment in the ARNG. Paragraph 2-11c(2) of Army Regulation 135-180 (Qualifying Service for Retired Pay Nonregular Service) states if the Soldier was transferred to the Retired Reserve or discharged on or after 25 February 1975, the retired grade will be that grade which a commissioned officer or enlisted Soldier held while serving on active duty or in an active Reserve status for at least 185 days or 6 calendar months. Since the...
ARMY | BCMR | CY2006 | 20060001023C070205
The applicant's record shows that he served on active duty in an enlisted status in the United States Marine Corps for 9 years, 8 months, and 13 days from 27 June 1969 through 9 March 1979, at which time he was honorably separated in the rank and pay grade of SSG/E-6. It states, in pertinent part, that warrant officer and enlisted members of the Army are entitled, when their active service plus their service on the retired list totals 30 years, to be advanced on the Retired List to the...
ARMY | BCMR | CY2002 | 2002079761C070215
The DD Form 214 issued to the applicant on 17 April 1988 confirms that he entered active duty on 7 June 1977, and he continuously served in that status for 8 years, 10 months, and 11 days until being honorably separated, in the rank and pay grade of staff sergeant/E-6 (SSG/E-6), in order to accept a commission The evidence of record confirms that the applicant served on active duty in an enlisted status for 8 years, 10 months, and 11 days. That all of the Department of the Army records...
ARMY | BCMR | CY2012 | 20120014274
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110022954 on 15 May 2012. His NGB Form 23A (ARNG Annual Statement), dated 20 August 2012, shows he completed 1,733 retirement points in an enlisted status as of 27 September 2001. On 6 September 2011 in an email to the Texas ARNG G-1, the NGB Financial Operations Manager, ARNG...
ARMY | BCMR | CY2012 | 20120022401
The DFAS official stated that the applicant requested correction to pay entitlement from 16 August 1982 to 30 April 1994 because he completed over 4 years of previous active enlisted service prior to becoming a commissioned officer. His record should be corrected to show, as of 16 August 1982, he was entitled to pay at the rate of O-1E for over 4 years of enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2008 | 20080001416
Pay information received via electronic mail (email) from the Defense Military Pay Office, Fort McCoy, Wisconsin provides that, in accordance with the Department of Defense Financial Management Regulation, Volume 7, Chapter 1, certain USAR officers credited with 1,460 retirement points for enlisted service were entitled to a special, increased rate of basic pay for pay grades O-1E, O-2E, and O-3E. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2011 | 20110022035
An NGB Form 23B (ARNG Retirement Points History Statement), dated 1 November 2005, shows he was credited with 546 (or 1 year, 5 months, and 27 days) active duty points during his service in the ARNG as a WO. On 14 October 2009, the ABCMR granted the applicant's request for correction of his records to show he was retired in the highest grade he had held and his records were subsequently corrected to show he was retired and placed on the retired list effective 3 March 2008 in the rank/grade...
ARMY | BCMR | CY2014 | 20140008406
The letter stated an inquiry by the IG revealed his E-7 retired pay was calculated using the base pay rate applicable to his years of service for the last 36 months prior to his retirement. The DFAS official stated the applicant retired on 1 October 2006 in the rank of SFC with 24 years and 17 days of service for retired pay. The evidence of record shows at the time of his placement on the Retired List on 1 October 2006 the applicant had served a total 20 years, 10 months, and 4 days of...
ARMY | BCMR | CY2003 | 2003085741C070212
DFAS officials have requested that the Board change its original recommendation to indicate that the applicant was placed on the Retired List in the rank of CPTE , effective 1 March 2001, and that he be provided retired pay based on the formula most favorable to him based on his satisfactory active duty service in both pay grades 0-3E and W-3, to include any back pay due as a result. The Board believed at the time that all the evidence of record confirmation contained in its Record of...
ARMY | BCMR | CY2009 | 20090009309
The applicant requests that he be shown to have been placed on the Retired List in the rank and pay grade of captain (CPT) O-3E, with retroactive pay and allowances effective 30 January 2004. The applicant states that his 13 years of honorable enlisted service entitled him to have received retired pay of O-3E. Since he did not have over 4 years of enlisted service at the time he was commissioned, he was never paid as an O-3E.