RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 January 2006
      DOCKET NUMBER:  AR20050003886


      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             |
|     |Ms. Joyce A. Wright               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 date of retirement be changed.

2.  The applicant states that his letter and summary of retirement points
stated that he had quality (sic-qualifying years) time and long
(longevity/basic pay purposes) time of 24 years.

3.  The applicant provides a copy of his summary of retirement points; a
copy of his 20-Year Letter (Notification of Eligibility for Retired Pay at
Age 60); a copy of a Summary of Retire Pay Account letter from the Defense
Finance and Accounting Service (DFAS), dated 4 August 1998; a copy of a
printout, Subject: Retirement Pay from DFAS, dated 10 February 2005; a copy
of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record
of Service), dated 7 June 1980; and a copy of his NGB Form 22-1
(Request/Decline Copy of NGB Form 22, Narrative Reason for Separation), in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 7 June 1980, the date of his discharge.  The application
submitted in this case is dated 8 March 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not available to the Board.  This
case is being considered using the available documents provided by the
applicant.

4.  The applicant's Summary of Retirement Points, dated 20 August 1998,
shows he entered active duty on 8 June 1956.  He continued to serve through
a series of continuous reenlistments.

5.  The applicant's NGB Form 22 shows the applicant was born on 15 May
1938. He was promoted to sergeant first class (SFC/E-7) on 3 May 1966.

6.  On 16 May 1977, the Departments of the Army and Air Force, NGB,
notified the applicant that he had completed the required years of service
to be eligible for retired pay, on application, at age 60 (20-Year Letter).

7.  The applicant provides a copy of his NGB Form 22, dated 7 August 1980,
which shows the he was released from the New York Army National Guard
(NYARNG), under the provisions of National Guard Regulation (NGR) 600-200,
due to the expiration of term of his service (ETS), effective 7 June 1980,
in the rank of SFC.  Item 11 (Record of Service), of his NGB Form 22, shows
he completed 24 years of net active service and 24 years for total service
for pay.  The applicant was unavailable to sign his NGB Form 22 on his
separation date.

8.  The applicant provides a copy of his NGB Form 22-1 which shows the he
was not available to sign his separation documents.  The reason for his
separation on 7 June 1980 was ETS.

9.  The applicant's Summary of Retirement Points shows he completed 23
years of qualifying service for retirement purposes and 1,776 cumulative
retirement points. It also shows the entry, "QUAL (Qualifying years) TIME
24 00 00" (24 qualifying years) and, the entry, "LONG TIME 24 00 00" (24
years for longevity pay purpose), which was typed in.

10.  The applicant provides a copy of a letter, dated 4 August 1998, from
the Retired Pay Department, DFAS-Cleveland Center, which shows his summary
of retired pay account and date of retirement, 15 May 1998.  It shows that
he retired in the pay grade of E-7 with service for basic pay of 23 years,
11 months, and 29 days.  It provides his active duty pay rates, effective
for 1 January 1998, with 23 years of service; total points upon which
retired pay was computed, 1,776; and additional information pertaining to
the calculation of his retired pay.

11.  The applicant provides a copy of a printout from DFAS, dated
10 February 2005, Subject:  Retired Pay.  The printout shows the
applicant's date of enlistment as 8 June 1956.  The applicant inquired as
to why he was not counseled, when he decided to retire and why does the
Army retire you one day before your enlistment date and that he was short
one day of completing 24 years of basic pay for retirement purposes.  He
stated that he submitted his letter to retire on 23 July 1979 and was told
by a warrant officer that his time would continue, until his retirement
date, and that he would be credited with 24 years of service, if he was
placed in the Inactive Army National Guard (IARNG).  He also stated that
his summary of retirement points indicated that he had quality (sic-
qualifying) time and long (longevity) time of 24 years.  These 24 years
were transposed to his NGB Form 22, item 11.  The separation document
indicates that he completed 24 years of net service this period and total
service for pay.  The printout from DFAS indicates the math method used to
calculate his service time which amounted to 23 years, 11 months, and 29
days.  He concludes that after all was said and done, he was not counseled
but placed in the IARNG (where time does not count) and he did not receive
credit for 24 years of service.

12.  Information provided by the Defense Finance and Accounting Service
(DFAS), Cleveland, Ohio, on 28 December 2005, reveals that the applicant is
receiving retired pay in the pay grade of E-7, and has been since 15 May
1998, after completing 23 years, 11 months, and 29 days of service for
basic pay purposes.

13.  Army Regulation 140-10 sets forth the basic authority for the
assignment, attachment, detail, and transfer of USAR Soldiers.  Chapter 7
of the regulation relates to the removal of Soldiers from an active status
and states, in pertinent part, that Soldiers removed from an active status
will be discharged or, if qualified
and if they so request, will be transferred to the Retired Reserve.

14.  Department of Defense (DOD) Financial Management Regulation, Volume
7A, Chapter 1, paragraph 010104, pertains to computation of creditable
service.  It states that all basic pay date computations start from the
date of the member's most recent entry on duty without a break in service.
For enlisted members, the date of enlistment.  After determining the
initial basic pay date, compute creditable service for all service prior to
that date.  List the beginning dates of service for each separate period of
service, without changing any of them, and then add them together.  List
all ending dates.  If the day is the 31st day of the month, change it to
30.  If the day is February 28 in a non-leap year, change it to February 30
for computation purposes.  If the day is February 29, change it to February
30 for computation purposes.  Subtract the date of enlistment from the
ending date.  For each noncontinuous period of service, add 1 day to
account for inclusive days and to obtain the total years for creditable
service for basic pay purposes.  Any period of service is at least one day.
 Example:

                                                              YR
 MO      DAY
                                                                   (79)
      (17)      (37)
            Discharge/Retirement date              80              06
 07
            Date entered AD/Enlistment date    56              06        08
                                      Subtotal
             23              11        29

                     +1
                                                                     23
         11       30
      Total                          24              00  00


DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant entered AD on 8 June 1956, that
he was born on 15 May 1938, that he was promoted to E-7 on 3 May 1966, and
that he was honorably separated on 7 June 1980.  He was issued a 20 Year
Letter and his NGB Form 22 shows he completed 24 years of service for basic
pay purposes.

2.  The applicant's summary of retirement points shows he completed
23 years of qualifying service for retirement purposes.  It was noted that
an additional entry was typed in to show 24 years of qualifying service and
24 years for longevity pay purposes.

3.  The letter from DFAS, dated 10 February 2005, shows, he completed
23 years, 11 months, and 29 days of service for basic pay purposes.  It is
apparent that DFAS made an error in their math calculation method.
However, had DFAS followed its math calculation method, as prescribed in
their regulation, and added the one day for inclusive periods, the
applicant would have been paid for 24 years of basic pay purposes effective
25 May 1998.

4.  Based on the foregoing, and in the interest of justice and equity, the
Board recommends that DFAS recalculate the applicant's total service for
basic pay purposes, which apparently is 24 years of qualifying service and
total service for basic pay purposes, and that he be placed on the Retired
List in the pay grade of E-7 with back pay and allowances for completion of
24 years of total service.

5.  It is noted that the applicant has been receiving retired pay since
15 May 1998, for over 8 years, and now desires to have his retirement date
change. There is no need to change the applicant's discharge/retirement
date of 7 June 1980.  This date is correct as currently constituted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__GJP __  __JI____  __WFC__   GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing that he
completed 24 years of qualifying service for retirement purpose and
24 years of service for basic pay purposes.  The Board also recommends that
the DFAS conduct an audit of his pay account and that he be paid all back
pay and allowances now due in the pay grade of E-7 for completion of
24 years of service for basic pay purposes.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief, that his
retirement date be changed to a date that would give him 24 years of
service for retirement and pay purposes.  As a result, the Board recommends
denial of so much of the application that pertains to a change in his date
of retirement.




                                  __    _John Infante_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003886                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060119                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19980515                                |
|DISCHARGE AUTHORITY     |AR 140-10                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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