| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Hubert O. Fry | Member | |
| Ms. Marla J. Troup | Member |
2. The applicant requests, in effect, that his records be corrected to account for all his active duty service and that his retired pay account be adjusted accordingly.
3. The applicant states, in effect, that the Defense Finance and Accounting Service (DFAS) will only credit him with 22 years, 2 months, and 23 days of active military service. He claims that they will not recognize his active duty enlisted service of 1 year and 9 months, and will not accept his separation document (DD Form 214) from this period of service. He further claims that DFAS is basing his retired pay on a miscellaneous finance office worksheet, that he never agreed to or signed. He states that DFAS officials informed him that he would have to pursue this problem through this Board. In support of his application, he provides copies of his active duty enlisted leave and earnings statements (LES) and other related documents.
4. The applicant’s military records show that on 23 June 1972, he enlisted in
the United States Army Reserve (USAR) for two years and for attendance at the
United States Military Academy (USMA) Preparatory School. Upon his USAR enlistment, he immediately entered active duty to attend basic training at Fort Dix, New Jersey.
5. Upon his completion of basic training, the applicant was reassigned to the USMA Preparatory School, Fort Belvoir, Virginia, effective 4 August 1972, and he remained on active duty in an enlisted status until 1 July 1973.
6. On 2 July 1973, he was appointed a cadet of the USMA, and he remained in that status until his graduation from the USMA. On 8 June 1977, he was appointed and commissioned a second lieutenant in the Regular Army (RA).
7. The applicant continuously served on active duty in a commissioned officer status until 31 August 1999, at which time he was released from active duty (REFRAD) for the purpose of retirement. On the following day, 1 September 1999, he was placed on the Retired List in the rank and pay grade of lieutenant colonel/0-5.
8. The applicant’s Officer Records Brief (ORB) confirms that his Basic Active Service Date (BASD) was 29 May 1976, and that he entered active duty on his current tour as a commissioned officer on 8 June 1977.
9. Orders Number 286-0003, dated 13 October 1998, issued by U.S. Army Garrison, Fort Belvoir, shows that the applicant was credited with 22 years,
3 months, and 23 days of active military service for retirement purposes and
23 years, 3 months, and 2 days of service for basic pay purposes.
10. The separation document (DD Form 214) issued to the applicant upon his REFRAD for retirement covers his active duty service from 8 June 1977 through 31 August 1999. However, it erroneously indicates that he completed a total of 26 years, 1 month, and 29 days of net active duty service during the period covered by the report. It also shows that he completed 1 year and 9 days of prior active military service.
11. The applicant provides copies of his enlisted LES that confirm that he received active duty enlisted pay through 31 May 1973, and he explains that his LES for the month of June 1973 is missing because he was on leave in route to the USMA during that month. He also provides a DD Form 214 that he was issued to him by the USMA on 22 June 1974. This document indicates that he completed two years of active duty enlisted service from 23 June 1972 through 22 June 1974, which was the term of his USAR enlistment contract. However, the remarks section contains an entry that confirms that service covered by the
DD Form 214 includes service the applicant completed as a cadet of the USMA from 2 July 1973 through 22 June 1974.
12. Title 10 of the Untied States Code, section 3991 provides guidance on the computation of retired pay. It states that the monthly retired pay is computed by multiplying the member’s retired base pay, by the retired pay multiplier prescribed in section 1409 of this title. Section 1409 provides guidance on the Retired Pay Multiplier for Regular Service Non-disability Retirement. It states, in pertinent part, that the general rule for the multiplier to be used is 2 ½ percent of his active duty base pay for each year of creditable active military service. service.
CONCLUSIONS:
1. The Board notes the applicant’s contention that his retired pay is not based on the correct amount of creditable active military service based on his BASD, and it finds this claim has merit.
2. Notwithstanding the errors contained in the service dates and periods recorded in both the applicant’s DD Forms 214, the evidence of record confirms that his BASD was 29 May 1976, and that he completed a total of 23 years,
3 months, and 2 days of creditable active military service. This includes 1 year and 9 days in an enlisted status from 23 June 1972 through 1 July 1973, and
22 years, 2 months, and 23 days in an officer status from 8 June 1977 through 31 August 1999.
3. During the review of this case the Board also noted administrative errors in the dates and periods of service recorded in both the applicant’s DD Forms 214. The separation document issued to him on 22 June 1974 should have been issued on 1 July 1973, and it should have contained the entry 1 year, 0 months, and 9 days in Item 18a (Net Service This Period) and Item 18e (Total Service for Pay).
4. The final DD Form 214 issued to the applicant on 31 August 1999 contained an administrative error in Item 12c (Net Service This Period), which indicated that he had completed 26 years, 1 month, and 29 days. This entry should have read 22 years, 2 months, and 23 days, which is the active military service he completed between 8 June 1977 and 31 August 1999, the period covered by the DD Form 214.
5. 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 showing that the individual concerned completed a total of 23 years,
3 months, and 3 days of creditable active military service for retired pay computation purposes, and by providing him any back retired pay due as a result of this correction.
2. That the Army Review Board Agency, St. Louis, review the record of the individual concerned along with this decisional document and make all the necessary administrative corrections to both of his DD Forms 214, and provide him corrected separation documents that reflect these changes.
BOARD VOTE:
_FE____ __HOF___ __MT__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Fred N. Eichorn
CHAIRPERSON
| CASE ID | AR2002078908 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/06/17 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1999/08/31 |
| DISCHARGE AUTHORITY | AR 600-8-24 |
| DISCHARGE REASON | Retirement |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 283 | 128.0000 |
| 2. 303 | 129.0100 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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