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ARMY | BCMR | CY2002 | 2002076697C070215
Original file (2002076697C070215.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 19 December 2002
         DOCKET NUMBER: AR2002076697

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Joseph A. Adriance Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Stanley Kelley Member
Mr. Harry B. Oberg Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: In effect, that correction of the computation of his military service.

APPLICANT STATES: In effect, that there is a shortage of 6 months in the total service computation he received prior to his retirement. He claims that the computation of his service, contained in the enclosed Statement of Service for Computation of Length of Service for Pay Purposes (DA Form 1506), dated
19 April 1968, is incorrect. He states that the specific error is contained in the Total Service Creditable for Pay Purposes section of the DA Form 1506, which computes his total service using an ending date of 31 March 1968 as opposed to 31 October 1968, which is actually the date he was released from active duty (REFRAD) for retirement, which results in his being shorter 6 months and some days of total military service for pay purposes.

EVIDENCE OF RECORD: The applicant's military records show:

He was appointed a first lieutenant (1LT) in the Army of the United States, and took the Oath of Office accepting the appointment on 30 October 1943. The record further shows that he continuously served in various active duty and inactive Reserve commissioned officer positions until being honorably released from active duty (REFRAD), for the purpose of retirement, on 31 October 1968.

A Data for Retired Pay (AGPZ Form 977), dated 18 September 1968, prepared on the applicant by Department of the Army (DA) personnel officials during the his retirement processing confirms that he completed 20 years, 1 month, and
10 days of active military service, and 25 years and 1 day of military service for retired pay computation purposes.

The separation document issued to and authenticated by the applicant on the date of his REFRAD, 31 October 1968, confirms that he was honorably separated, in the rank of colonel, after completing a total of 20 years, 1 month, and 10 days of active military service. Item 22a(3) (Creditable Service for Basic Pay Purposes-Total), verifies that he completed a total of 25 years and 1 day of military service creditable for basic pay purposes. On the date of his separation, he signed this DD Form 214 in Item 32 (Signature of Person Being Transferred or Discharged), thereby verifying that the information contained therein was correct at that time.

The DA Form 1506 provided by the applicant contains a total creditable service computation based on the applicant’s total military service between 30 October 1943 and 31 March 1968. This resulted in a total creditable military service computation of 24 years, 5 months, and 1 day of total military service.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The Board notes the applicant’s contention that there was an error in his military service computation that shorted him of 6 months and some days of creditable military service. However, notwithstanding the service computation contained in the DA Form 1506 he provided, it finds insufficient evidence to support this claim.

2. The evidence of record confirms that the applicant was credited with a total of 25 years and 1 day of military service for retired pay purposes in the AGPZ Form 977, the source document used for this purpose. This computation accounted for all his military service between his appointment on 30 October 1943, and his retirement on 31 October 1968.

3. In view of the facts of this case, the Board finds that the applicant was properly credited with all the military service he performed, and that his retired pay was based on an accurate computation of his total military service creditable for basic pay purposes.

4. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__RWA__ __KYF___ __BPI__ DENY APPLICATION




                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records



INDEX

CASE ID AR2002076697
SUFFIX
RECON
DATE BOARDED 2002/12/19
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1968/10/31
DISCHARGE AUTHORITY 10 USC 3911
DISCHARGE REASON Retirement
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 244 115.0300
2. 344 136.0600
3.
4.
5.
6.



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