RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 SEPTEMBER 2
      DOCKET NUMBER:  AR20040010836


      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:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McCants              |     |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 both his
officer and enlisted periods of active service, for a total of 27 years, 2
months, and        7 days.

2.  The applicant states that his gross pay on his retirement account
statement was incorrectly adjusted downward.  It did not include his
enlisted active service of 1 year and 13 days.

3.  The applicant provides a copy of his 22 September 2004 letter to the
Defense Finance and Accounting Service (DFAS), a copy of his 31 July 2004
DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy
of his 24 June 1975 DD Form 214, and a copy of a 25 August 2004 Retiree
Account Statement from DFAS.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army Reserve for 2 years on 25 June 1973
for participation in the United States Military Academy Preparatory School.
 He was released from active duty on 24 June 1975 at the United States
Military Academy at West Point.  He had 2 years of service, which included
service as a cadet at the United States Military Academy from 8 July 1974
to 24 June 1975.

2.  The applicant was appointed a second lieutenant in the Regular Army on
      7 June 1978.  He retired from the Army in the rank of colonel on 31
July 2004.  His DD Form 214 shows 26 years, 1 month, and 24 days of active
service beginning from 7 June 1978, the date of his appointment until the
date of his retirement; and 1 year and 13 days of total prior active
service.  That form reflects his inactive service as a cadet from 8 July
1974 to 24 June 1975.

3.  Orders 237-005, dated 25 August 2003, published by the Military
Personnel Service Center, Office of the Administrative Assistant to the
Secretary, United States Army Resources and Program Agency, effected his
retirement.  Those orders show that his years of service computed under the
provisions of Title 10, United States Code, Section 1405, was 26 years, 2
months, and 24 days.

4.  On 25 August 2004 DFAS recomputed his gross retired pay and related
amounts, reducing his gross pay from $5628.00 to $5421.00.

5.  On 22 September 2004 the applicant informed DFAS of his enlisted
service, his total active service, and provided DFAS his estimates of what
his gross monthly retired pay should be based on 27 years, 2 months, and 7
days of active service.

6.  Title 10, United States Code, Section 1405, states in effect, that for
the purposes of the computation of the years of service of a member of the
armed forces providing for such computation to be made under this section,
the years of service of the member are computed by adding his years of
active service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant retired from the Army with 27 years, 2 months, and 7 days
of active federal service as reflected on his 31 July 2004 DD Form 214.
Unfortunately, the applicant’s orders published on 25 August 2003 that
effected his retirement, reflects only 26 years, 2 months, and 24 days of
active service completed for retirement pay computation under the
provisions of Title 10, United States Code, Section 1405.  That portion of
the order showing his years of active service computed is incorrect.

2.  Therefore, so much of Orders Number 237-005, dated 25 August 2003,
published by the Office of the Administrative Assistant to the Secretary,
United States Army Resources and Program Agency, should be amended to show
that the applicant has 27 years, 2 months, and 7 days of active federal
service for retirement under Title 10, United States Code, Section 1405.


3.  The applicant should receive retirement pay for those years of service
retroactive to 1 August 2004, the date that he was placed on the retired
list.

BOARD VOTE:

___SP __  __RD ___  ___JM __  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
amending so much of Orders Number 237-005, dated 25 August 2003, published
by the Office of the Administrative Assistant to the Secretary, United
States Army Resources and Program Agency, to show that the individual
concerned  has      27 years, 2 months, and 7 days of active federal
service for retirement under the provisions of Title 10, United States
Code, Section 1405, and that he receive retirement pay for that period of
active federal service retroactive to 1 August 2004, the date that he was
placed on the retired list.




                                  _____ Shirley Powell________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010836                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050913                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |136.02                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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