PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 January 2003
         DOCKET NUMBER: AR2002078673



         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Christopher J. Prosser		Member
Ms. Yolanda Maldonado		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.

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2. The applicant requests, in effect, that his true date of release from active duty (REFRAD) be verified and that his record be corrected to show the total time he served.

3. The applicant states, in effect, that the computation of his active military service is in error and his separation document (DD Form 214) contains incorrect service dates in Item 18 (Record of Service), and should be corrected to show the accurate total of active military service and the total service for pay he completed as verified by his military records. He claims that Item 18c (Total Active Service) of his DD Form 214 shows that he completed 22 years,
0 months, and 15 days. However, based on his calculations, he should be credited with 23 years and 18 days of active military service. He also indicates that Item 9d (Effective Date) of his DD Form 214 should be corrected to read
7 January 1976, because he was retained on active duty for 7 days beyond his scheduled separation date of 31 December 1975. In support of his application, he provides a copy of his DD Form 214, a copy of a Data for Retired Pay
(DA Form 3713), and a copy of a statement from an Assistant Adjutant General (Asst AG) attesting to the fact he remained serving on active duty until 7 January 1976.

4. On 31 December 1975, the applicant was REFRAD for the purpose of retirement. At the time of his separation, he held the rank and pay grade of chief warrant officer four/W-4 (CW4/W-4).

5. A Computation of Service (DAPC-PA Form 682), dated 6 October 1975, on file in the applicant’s record that was prepared during his retirement processing confirms that he completed a total of 23 years and 16 days of active military service and a total of 27 years of military service for basic pay purposes.

6. The active duty service periods listed on the DAPC-PA Form 682 are as follows: 26 January 1949 to 25 January 1950 (1 year); 19 August to
2 September 1951 (15 days); 13 to 27 July 1952 (15 days); 12 to 26 July 1953
(15 days); 11 January 1954 to 4 January 1956 (1 year, 11 months, 24 days);
5 January 1956 to 4 July 1960 (4 years and 6 months); 25 July 1960 to 8 April 1962 (1 year, 8 months, 14 days); and 9 April 1962 to 31 December 1975
(13 years, 8 months, and 23 days). This document also confirms that he completed 3 years, 11 months, and 15 days of inactive military service in the inactive United States Army Reserve (USAR) between 26 January 1950 and
10 January 1954.

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7. The DD Forms 214 issued to the applicant at the end of his active duty periods of service on 25 January 1950, 4 July 1960, 8 April 1962, and
31 December 1975, coupled with an Active Duty Report (DD Form 220), dated
9 January 1954, and a Correction to DD Form 214 (DD Form 215), dated
9 November 1988, which corrected his 4 July 1960 DD Form 214, confirm the active duty service periods listed in the DAPC-PA Form 682. This includes the active duty period the applicant served while he was in a USAR status between 11 January 1954 and 4 January 1956.

8. Letter Orders Number D12-60, dated 1 December 1975, on file in the applicant’s record directed his REFRAD on 31 December 1975, by reason of physical disability. These orders also authorized his placement on the Retired List, in the rank and pay grade of CW4/W-4, on 1 January 1976.

9. The DD Form 214 issued to the applicant on the date of his REFRAD confirms that his separation date was 31 December 1975. Item 18 (Record of Service) shows that he completed a total of 22 years and 15 days of active military service and a total of 26 years, 10 months, and 15 days of military service for pay purposes. The applicant authenticated this document with his signature in Item 29 (Signature of Person Being Separated).

10. The applicant provides a statement from an Asst AG, dated 7 January 1976, which indicates that the applicant continued to serve on active duty until
7 January 1976, which was 7 days beyond his established separation date of
31 December 1975, which was the date he was scheduled to be REFRAD for the purpose of retirement. However, there is no evidence of record showing that there was a valid reason for this active duty extension or that it was approved by the proper authority. Further, there is no indication that the applicant addressed this issue at the time he was issued the DD Form 214 that showed he was REFRAD on 31 December 1975, which he authenticated with his signature in Item 29.

11. Paragraph 010107, Volume 7B, Department of Defense Financial Management Regulation (DODFMR) provides the policy on service creditable for disability retirement purposes. It states, in pertinent part, that a member is entitled to service credit for all active service performed in the uniformed services.

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CONCLUSIONS:

1. The Board notes the applicant’s contention that the service dates entered in his 31 December 1975 DD Form 214 were incorrect, and it finds this claim has merit. The evidence of record confirms that the applicant completed a total of
23 years and 16 days of active military service, which includes all active duty service performed by him between 26 January 1949 and 31 December 1975. As evidenced by the computation of service contained in the DAPC-PA Form 682, dated 9 October 1975, which was prepared on the applicant during his retirement processing.

2. The record also verifies that when the applicant’s active duty service and inactive service performed in a USAR status are combined, the applicant completed a total of 27 years of military service for basic pay purposes. In view of these facts, the Board concludes that it would be appropriate to correct the entries in Item 18 of the applicant’s 31 December 1975 DD Form 214 that are in error.

3. The Board also considered the applicant’s claim that the effective date of his separation, 31 December 1975, contained in Item 9d (Effective Date) of his final DD Form 214 should be changed to 7 January 1976, and that he should receive the appropriate service credit. However, notwithstanding the statement from the Asst AG provided by the applicant, the evidence of record fails to show that an appropriate authority approved the applicant’s extension on active duty beyond his scheduled separation date. Further, the applicant fails to provide evidence showing that a valid reason existed that would have warranted or authorized this active duty extension action. Thus, the Board finds an insufficient evidentiary basis on which to grant this specific requested relief.

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

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by amending Item 18 (Record of Service) of the DD Form 214 of the individual concerned, effective 31 December 1975, to read as follows: Item 18a
(Net Active Service This Period) - 13 years, 8 months, 23 days; Item 18b
(Prior Active Service) - 9 years, 3 months, and 23 days; Item 18c (Total Active Service) - 23 years, 0 months, and 16 days; Item 18d (Prior Inactive Service) -
3 years, 11 months, 16 days; and Item 18e (Total Service for Pay) - 27 years,
0 months, and 0 days; and by providing him a corrected separation document that reflects these changes.

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2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__WTM__ __CJP _ __YM __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                  _ _Walter T. Morrison_ __
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078673
SUFFIX
RECON
DATE BOARDED	2003/01/30
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1975/12/31
DISCHARGE AUTHORITY	AR 635-40
DISCHARGE REASON	Disability Retirement
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 1021	100.0000
2.
3.
4.
5.
6.