RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            23 SEPTEMBER 2004
      DOCKET NUMBER:   AR2004100206


      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. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Raymond Wagner                |     |Chairperson          |
|     |Mr. Roger Able                    |     |Member               |
|     |Ms. Eloise Prendergast            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to show his
correct retirement date and period of service, and that he receive all due
pay and allowances as a result of these corrections.

2.  The applicant states that the National Personnel Records Center does
not have all of his DD Forms 214 (Report of Transfer or Discharge).  He is
not collecting retired pay for all of his service.  He was recalled to
active duty from the retired list [in February 1973] and reverted to a
retired status in July 1973.  He should have received retired pay based on
more than 24 years of service.

3.  The applicant provides a copy of a 20 April 2004 statement from the
Defense Finance and Accounting Service (DFAS) indicating that the applicant
retired from the Air Force on 1 January 1972 with 23 years, 4 months, and 5
days of service; a copy of a 16 June 2003 DFAS letter providing the
applicant the same information regarding his years of service; a copy of
his letter to this agency in which he states that the DFAS information was
incorrect; a copy of amendments to orders indicating that his period of
active duty ended on 30 June 1973 and that he reverted to retired status on
1 July 1973; and copies of six  DD Forms 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Forms 214 show seven periods of active federal
service, all with the Army, from 25 January 1949 to 6 June 1952 (3 years, 4
months,         12 days); 18 June 1952 to 17 June 1958 (6 years); 8 July
1958 to 7 July 1964      (6 years); 8 July 1964 to 7 July 1968 (4 years); 8
July 1968 to 31 October 1969 (1 year, 3 months, and 23 days), after which
he was transferred to the Retired Reserve with 20 years, 8 months, and 5
days of total active service.  On              1 November 1970 he was
recalled from the retired list and served on active duty  until his release
on 31 January 1973 and reversion to his retired status on           1
February 1973 (2 years and 3 months of active service, for a total of 22
years,  11 months and 5 days of total active service).  He was recalled to
active duty on 1 February 1973 and was released on 30 June 1973, reverting
to retired status on 1 July 1973 (5 months of active service, for a total
of 23 years, 4 months, and 5 days of active service).

2.  The applicant's 31 January 1973 DD Form 214, shows his total active
service as 22 years, 11 months, and 5 days, as indicated above; however,
that DD Form 214 also shows his other service, e.g., previous service, as
21 years, 8 months, and 5 days and a total service creditable for basic pay
purposes as 23 years,    11 months, and 5 days.  That 23 years, 11 months,
and 5 days was carried forward to his DD Form 214 of 30 June 1973, which
coupled with the 5 months that he served on active duty during the period
covered by that DD Form 214, indicates a total of 24 years, 4 months, and 5
days of creditable service for basic pay purposes.  As indicated above,
that DD Form 214, the last one that he received, does show 23 years, 4
months, and 5 days of active service.

3.  In response to his 8 April 2003 application to this Board, he was
informed on 18 December 2003 that his records showed that he had 23 years,
4 months, and 5 days of active military service; and that because there was
no indication that he had attempted to resolve the matter with DFAS, he had
not exhausted his administrative remedies, and his request was returned
with prejudice and without action being taken by the Board.

4.  The Defense Finance and Accounting Service has indicated that their
records show that the applicant retired on 31 January 1973 with 22 years,
11 months, and 5 days of service, that he was recalled to active duty on 1
February 1973 and served for 5 months until 30 June 1973, and that his
combined total of active duty service was 23 years, 4 months, and 5 days,
for which he was being paid.

5.  The applicant's records contain no evidence of service, active or
inactive, other than the service as indicated on his DD Forms 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's 31 January 1973 DD Form 214 is incorrect in that item
 22a(2) of that form shows 21 years, 8 months, and 5 days of other service.
 That entry should show 20 years, 8 months, and 5 days of other service.
Item 22a(3) of that form should show 22 years, 11 months, and 5 days of
total creditable service for basic pay purposes instead of 23 years, 11
months, and 5 days.

2.  The applicant's 30 June 1973 DD Form 214 is incorrect in that item
22a(2) of that form shows 23 years, 11 months, and 5 days of other service,
for a total of 24 years, 4 months, and 5 days of total creditable service
for basic pay purposes, instead of the correct number of years of other
service as 22 years, 11 months, and 5 days, and the correct total of 23
years, 4 months, and 5 days.

3.  The 16 June 2003 DFAS letter to him and the 20 April 2004 statement
concerning his years of service are both incorrect.  He did not retire on 1
January 1972 with 23 years, 4 months, and 5 days of service, but reverted
to his retired status on 1 July 1973 with that amount of service.  There is
no evidence that he served in the Air Force.

4.  The applicant served on active duty for 23 years, 4 months, and 5 days,
and he is receiving retired pay based on that period of service.  There is
no evidence and the applicant has not provided any, to reflect any
additional service.  There is no error in his records and no injustice done
to him.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RW__  ___RA __  ___EP __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




            ___ Raymond Wagner____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100206                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040923                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |136.01.02                               |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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