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ARMY | BCMR | CY2005 | 20050005147C070206
Original file (20050005147C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 December 2005
      DOCKET NUMBER:  AR20050005147


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Bernard Ingold                |     |Chairperson          |
|     |Mr. Donald Steenfott              |     |Member               |
|     |Mr. Edward Montgomery             |     |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 time in service be changed from 22
years of service to 24 years of service for retirement purposes.  He also
requests that he be paid all back pay as an E-7 with over 24 years of
service from his date of retirement on 12 November 2003.  In addition, he
requests that a DD Form 215 (Correction to DD Form 214, Certificate of
Release or Discharge from Active Duty) be issued to him showing the time in
service correction.

2.  The applicant states he was medically retired in November 2003 and was
not present to assist in the preparation of his DD Form 214 or his time in
service computation for retirement pay purposes.  As a result, the 3 years
he served in the Individual Ready Reserve (IRR) from 2 July 1986 to 15 May
1989 were not included.

3.  The applicant provides a copy of his DD Form 4/2
(Enlistment/Reenlistment Document), his Enlisted Record Brief, his DD Form
214 for the period ending 12 November 2003, his retirement orders, his DD
Form 368 (Request for Discharge or Clearance from Reserve Component), his
DA Form 1506 (Statement of Service – Computation of Length of Service for
Pay Purposes), and his NGB Form 22 (Report of Separation and Record of
Service).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 21 September
1979 under the delayed enlistment program.  He enlisted in the Regular Army
on 6 February 1980 and was discharged on 29 August 1983 for the purpose of
immediate reenlistment.  He reenlisted on 30 August 1983 and was discharged
on 1 July 1986.  On the following day, he was transferred to the USAR
Control Group.

2.  The applicant's DD Form 214 for the period ending 1 July 1986 shows he
completed 6 years, 4 months and 26 days of active military service during
the period covered by the report and 4 months and 15 days prior inactive
service.

3.  The applicant enlisted in the California Army National Guard on 28 July
1986 and was discharged on 27 July 1987.  He was issued a NGB Form 22 which
shows he served 1 year net service during this period; 4 months and 15 days
prior Reserve component service and 6 years, 4 months; and 24 (sic) days
prior active Federal service.

4.  The applicant enlisted in the Regular Army on 15 May 1989 and was
discharged on 6 May 1992 for the purpose of immediate reenlistment.  He
reenlisted on 7 May 1992 and continued to serve on active duty.

5.  On 12 November 2003, the applicant was released from active duty and
placed on the temporary disability retired list.

6.  The applicant's DD Form 214 for the period ending 12 November 2003
shows he completed 14 years, 5 months and 27 days total active duty service
during the period covered by the report.

7.  Item 12d (Total Prior Active Service) on his DD Form 214 for the period
ending 12 November 2003 erroneously shows he completed 20 years, 10 months,
and 23 days total prior active service.

8.  Item 12e (Total Prior Inactive Service) on his DD Form 214 for the
period ending 12 November 2003 shows he completed 1 year, 4 months, and 15
days total prior inactive service.

9.  Department of the Army, Taegu Transition Center, 19th Theater Support
Command Orders 324-0001 dated 20 November 2003 show the applicant was
retired from active duty on 12 November 2003 in the rank of sergeant first
class (SFC) with 22 years, 3 months, and 8 days of service for basic pay
purposes.

10.  A DD Form 215 was prepared on 4 August 2005 by the U.S. Army Human
Resources Command – St. Louis which amended the applicant's DD Form 214 for
the period ending 12 November 2003 to reflect several corrections
including:

      ITEM 12D   0006 06 08
      ITEM 12E   0003 02 28

11.  On 5 August 2005, the applicant was issued a corrected Retirement
Points Accounting System (RPAS) print-out which shows his retirement year
beginning on 21 September 1979 and ending on 13 November 2003.  He was
credited with "43" Reserve membership retirement points for the period
beginning 2 July 1986 and ending 15 May 1989.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 for the period ending 12 November 2003
shows he entered active duty on 16 May 1989; was retired on 12 November
2003; and completed 14 years, 5 months, and 27 days active military service
during this period.

2.  Based on the correction of the applicant's DD Form 214 for the period
ending 12 November 2003, he was credited with 6 years, 6 months, and 8 days
total prior active service and 3 years, 2 months, and 28 days total prior
inactive service.

3.  Calculations show the applicant completed a total of 24 years, 3
months, and 3 days total service for basic pay purposes.  However, his
retirement orders published on 20 November 2003 reflect 22 years, 3 months,
and 8 days total service for basic pay purposes.

4.  It appears the applicant's retirement orders and retired pay require
correction to show he completed 24 years, 3 months, and 3 days total
service for basic pay purposes.

BOARD VOTE:

BI______  DS______  EM______  GRANT FULL RELIEF

________  ________  ________  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 relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by amending Department of the Army, Taegu Transition Center, 19th
Theater Support Command Orders 324-0001 dated 20 November 2003 to show his
total service for basic pay purposes as "24 years, 3 months, and 3 days."

2.  That, upon implementation of the correction in paragraph 1 above, the
Defense Finance and Accounting Service audit the retired pay account of the
individual concerned to determine all monies due to him and that he be paid
all monies due to him.



                                  Bernard Ingold________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050005147                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051206                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |129.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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