RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                 20 SEPTEMBER 2005
      DOCKET NUMBER:   AR20040010630


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Thomas O’Shaughnessy          |     |Member               |
|     |Mr. Patrick McGann                |     |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 service be re-computed and
that he be paid for an additional year of service.

2.  The applicant states, in effect, that his service was incorrectly
calculated at the time of his discharge and that he is entitled to have 277
additional points added because he did not receive credit for the 15
membership points he accrued every year.  He goes on to state that the
Defense Finance and Accounting Service (DFAS) only counts drill and active
duty points; however, the governing laws provide that credit is counted for
membership points as well.  Accordingly, he should have received credit for
9 years of service instead of 8 years of service.

3.  The applicant provides copies of the laws governing Disability
Severance Pay and a copy of his DA Form 5892-R (PEBLO Estimated Disability
Compensation Worksheet).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records do not contain the facts and circumstances
surrounding his discharge.  However, his records do show that he initially
enlisted in the United States Army Reserve (USAR) under the delayed entry
program (DEP) on 17 March 1983.  He enlisted in the Regular Army on
30 September 1983 for a period of 2 years and training as a military
policeman.  He served on active duty until he was honorably released from
active duty on 29 September 1985 and was transferred to the USAR.

2.  He continued to serve in an enlisted status until he was commissioned
as a USAR second lieutenant upon graduation from the Reserve Officer
Training Corps (ROTC) on 3 September 1991.  He was promoted to the rank of
first lieutenant on 2 September 1994 and to the rank of captain on 25 June
1998.

3.  On 25 August 2004, while serving on active duty, orders were published
by the Human Resources Command (HRC) – Alexandria on 25 April 2004, which
directed the applicant to report to Eisenhower Army Medical Center, Fort
Gordon, Georgia, to voluntarily participate in the Reserve Component
Medical Holdover Medical Retention Processing Program for completion of
medical care and treatment.

4.  The facts and circumstances as well as the applicant’s discharge
documents are not contained in the records made available to the Board.
However, the DA Form 5892-R provided by the applicant indicates that he was
discharged by reason of physical disability with a 20% disability rating
and was paid $78,580.80 in disability severance pay based on 8 years of
service.

5.  There is no evidence in the available records to show that the
applicant disputed the computation of his service or that he has contacted
the DFAS or the any other agency to dispute the computation of his service.

6.  A review of his Reserve Retirement Points Accounting System (RPAS)
history by a staff member of the Board and a computation made by the staff
member revealed that the applicant received service credit (maximum
allowed) for his active service, membership points and participation in
drills.  The computation made by the staff member of the Board resulted in
a computation of 8.675 years of active service.

7.  Title 10, United States Code, section 1212, Disability Severance Pay,
provides, in pertinent part, that a member is entitled to disability
severance pay computed by multiplying his or her years of service, but not
more than 12, by twice the amount of monthly basic pay to which he or she
would be entitled if serving on active duty on the date when separated.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his computation of service is incorrect and
that he did not receive credit for his membership points.  However, a
cursory computation indicates that such was not the case.

2.  The applicant has not articulated to the Board what numbers were
incorrect or provided sufficient evidence to dispute the computations that
were made at the time.  Therefore, lacking any specific evidence that the
computations made at the time were in error, there appears to be no basis
to grant his request.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____JH__  ___TO __  ___PM __  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.





            _____James Hise_________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010630                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050920                                |
|TYPE OF DISCHARGE       |PHYSICAL DISABILITY SEVERANCE           |
|DATE OF DISCHARGE       |20040825                                |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |MEDICAL DISABILITY                      |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |177/PD SEV PAY/SVC                      |
|1.108.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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