RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            11 August 2005
      DOCKET NUMBER:  AR20040010315


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Deborah S. Jacobs             |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, in effect, that his retired pay be computed
using the final pay calculation.

2.  The applicant states that his DIEMS (date initially entered military
service) should be 13 January 1978, not 1 June 1981 and his PEBD (pay entry
basic date) should be 1 October 1980, not 1 June 1981.  He retired on 1
February 2003 and his pay was computed using the High-3 rule.  He recently
received a copy of his U. S. Marine Corps Reserve (USMCR) (Delayed Entry
Program (DEP)) enlistment contract.  He enlisted in the USMCR on 13 January
1978; however, because he did not receive his high school diploma on time
he was discharged on 12 October 1978.  He subsequently enlisted in the Army
(DEP) on 1 June 1981.

3.  The applicant provides a 3 October 2004 letter to the Defense Finance
and Accounting Service (DFAS); his separation orders; his USMCR enlistment
contract; a 3 September 2004 letter from the National Personnel Records
Center; a 4 October 1978 letter from Headquarters, U. S. Marine Corps, 1st
Marine Corps District; a Navy Marine Corps Form 118 (Administrative Remarks
(1070)) dated 12 October 1978; and a DD Form 214 (Certificate of Release or
Discharge from Active Duty) for the period ending 31 January 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USMCR on 13 January 1978.  He was
honorably discharged on 12 October 1978.  He had completed 9 months in the
USMCR.

2.  The applicant enlisted in the Army (DEP) on 1 June 1981.  He enlisted
in the Regular Army on 9 July 1981.  He was released from active duty on 6
July 1984.

3.  The applicant enlisted in the Army National Guard on 23 August 1984.
He served on active duty from 30 September 1984 through 3 August 1988.  He
was transferred to the U. S. Army Reserve Control Group (Reinforcement) on
15 September 1988.

4.  The applicant enlisted in the Regular Army on 8 November 1989.  He
retired on 1 February 2003.

5.  The applicant's separation orders show his DIEMS as 1 June 1981 and
show he completed 21 years and 8 months of service for pay (with his
handwritten  note that it should show 22 years and 5 months of service for
pay (an additional   9 months of service for pay).
6.  Title 10, U. S. Code, section 1406 states the retired pay base of any
person entitled to retired pay under section 3914 (retirement of enlisted
members for length of service) who first became a member of a uniformed
service before        8 September 1980 is computed based upon the monthly
basic pay of the member's retired grade.

7.  Title 10, U. S. Code, section 1407(a) states the retired pay of any
person entitled to that pay who first became a member of a uniformed
service after         7 September 1980 is computed using the retired pay
base determined under this section.  Subsection 1407(b) states, except as
provided for in subsection 1407(f) (pertaining to certain enlisted
members), the retired pay base of a person under this section is the
person's high-three average determined under subsection (c) (Regular
service) or (d) (non-Regular service) (also known as High-3).

8.  Title 10, U. S. Code, subsection 1407(c) states the general rule is the
high-three average of a member entitled to retired pay under any provision
of law other than sections 1204 (members on active duty for 30 days or less
or on inactive-duty training: retirement), 1206 (members on active duty for
30 day or less or on inactive-duty training: separation), or 12731 (non-
Regular retirement) of this title is the amount equal to:

     (A) the total amount of monthly basic pay to which the member was
entitled for the 36 months (whether or not consecutive) out of all the
months of active service of the member for which the monthly basic pay to
which the member was entitled was the highest, divided by

     (B)  36.

9.  The U. S. Army Human Resources Command Military Personnel Message
Number 03-103, Subject:  DIEMS (date initially entered military service)
Date Accuracy, stated that the DIEMS is the date an individual was
initially enlisted, inducted, or appointed in a Regular or Reserve
Component of a uniformed service as a commissioned officer, warrant
officer, or enlisted member.  The DIEMS is the first time any contract was
signed obligating the Soldier to any type of military service, even if it
was later voided.  This date is used solely to indicate which retirement
plan a member is under.

DISCUSSION AND CONCLUSIONS:

1.  The applicant originally enlisted in the USMCR DEP on 13 January 1978.
That makes his DIEMS 13 January 1978.  Therefore, his records should be
corrected to show his DIEMS as 13 January 1978 and his retired pay should
be computed based upon the monthly basic pay of his retired grade and not
on his High-3.

2.  It also appears the Army was not aware of or could not verify the
applicant's   9 months of service in the USMCR DEP at the time he retired
and therefore he was credited with only 21 years and 8 months of service
for pay.  The applicant's 9 months of service in the USMCR DEP was
creditable for pay (he had been honorably discharged; his service had not
been voided) and should have been creditable for pay for the years he
served in the Army in addition to determining his retired pay.

BOARD VOTE:

__jns___  __dsj___  __mjf___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

     a.  showing his DIEMS as 13 January 1978;

     b.  showing he had an additional 9 months of service creditable for
pay;

     c.  recomputing his pay and allowances and his retired pay
accordingly; and

     d.  paying to him any and all back due pay and allowances and retired
pay.




            ___John N. Slone______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010315                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050811                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |128.14                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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