| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | ||
| Mr. Ted S. Kanamine | Member | ||
| Ms. Shirley L. Powell | Member |
THE BOARD ADDITIONALLY FINDS:
15. In a memorandum, dated 3 February 2003, DFAS officials informed the Board staff that they lacked the pay records necessary to determine if the applicant is entitled to receive retired pay based on the pay grade of 0-3E.
16. 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 ADDITIONALLY CONCLUDES:
8. At the time of the Board’s 24 January 2002 (AR2001063470) decision in this case, it was the intent of the Board to make the applicant’s record as administratively correct as it should properly have been on the date of his retirement. The purpose of the recommendation was to provide the applicant retired pay based on the formula most favorable to him as prescribed by law.
9. The evidence of record contained in the Board’s original decisional document of 24 January 2002, verified that the applicant had satisfactorily served as both a captain/0-3 (CPT/0-3) and a chief warrant officer three/W-3 (CW3/W-3), and that he had completed the four years of enlisted service necessary to qualify for the special pay rate of 0-3E.
10. The Board believed at the time that all the evidence of record confirmation contained in its Record of Proceedings provided DFAS all the information required for them to determine the retired pay formula most favorable to the applicant. However, notwithstanding this belief, it understands the DFAS position. Further, the Board is not adverse to revising its recommendation to satisfy the DFAS request as long as it ends in a fair and just result for the applicant.
11. In view of the additional factors in this case the applicant is entitled to correction of his record to show he was placed on the Retired List in the rank of CPTE, effective 1 March 2001, and that he is entitled to retired pay based on the formula most favorable to him based on his satisfactory service as both a
CPT/0-3E and a CW3/W-3.
12. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.
THE BOARD RECOMMENDS:
That all of the Department of the Army records related to this case be corrected by amending the Board’s recommendation appearing in the proceedings, dated 24 January 2002 (AR2001063470) to show that the individual concerned was placed on the Retired List in the rank of CPTE, and by providing him retired pay based on the formula most favorable to him based on his satisfactory service in both pay grades 0-3E and W-3, to include any back pay due as a result.
BOARD VOTE:
__SAC__ __TSK _ __ SLP__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
_ Samuel A. Crumpler ._
CHAIRPERSON
| CASE ID | AR2003085741 |
| SUFFIX | |
| RECON | 2002/01/24 |
| DATE BOARDED | 2003/03/11 |
| TYPE OF DISCHARGE | N/A |
| DATE OF DISCHARGE | N/A |
| DISCHARGE AUTHORITY | N/A |
| DISCHARGE REASON | N/A |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 306 | 129.0400 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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