RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2005
      DOCKET NUMBER:  AR20050006020


      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. Linda D. Simmons              |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |Member               |

      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 reconsideration of his earlier request to
correct his Date of Initial Entry into Military Service (DIEMS).  As new
issues, he requests (1) reinstatement on active duty in the Active Guard
Reserve (AGR), promotion to Colonel, and credit for active duty service and
active duty pay since his forced retirement effective 31 March 2003; and
(2) that he be paid his personal costs, in the estimated amount of about
$1,000, due to his retirement permanent change of station (PCS).

2.  The applicant states, in a letter to the White House, he did provide
the Board documentation that included his certificate of completion of
Advanced Reserve Officers' Training Corps (ROTC) dated 4 June 1978.  The
Board unjustly denied his request and thus he suffers unjust financial loss
in military retired pay of almost $3,000 per year.

3.  Regarding his request to be reinstated active duty in the AGR, the
applicant states in the same letter that Regular Army officers are allowed
to serve on active duty until they reach their mandatory removal date.
Army AGR officers are forced to retire once they reach their 20th year of
active duty.  He has been advised the U. S. Air Force has the same policy
for their AGR officers as it does for their Regular Air Force officers.  He
requests the Secretary of the Army change his policy so officers of the
Army AGR program are treated in the same manner as Regular Army officers.

4.  Regarding his request for payment of personal costs incurred due to his
retirement PCS, the applicant states in his letter to the White House he
moved from Florida to Colorado upon his retirement.  The Government may pay
for PCS costs up to one year after the retirement date.  The Government
paid for the shipment of his household goods but never paid for his
personal PCS costs.

5.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2002075981 on 24 April 2003.  His current application (through his
Senator) is dated 9 March 2005.

2.  In his original application to the ABCMR, the applicant provided a
certificate showing he successfully completed 2 years of instruction in the
Advanced ROTC on 4 June 1978.

3.  The applicant was commissioned a second lieutenant out of ROTC on 28
May 1980 and entered active duty on 29 June 1981.  He was released from
active duty on 30 September 1985 and transferred to the U. S. Army Reserve.
 He was appointed a captain in the Army National Guard effective 8 August
1986 and entered active duty in an AGR status.  He was released from active
duty effective 14 June 1999.  He was ordered to active duty in an AGR
status the next day,     15 June 1999.  He was released from active duty
effective 31 March 2003 upon completing about 20 years of active Federal
service and placed in the Retired Reserve.

4.  On 30 September 2005, the Defense Finance and Accounting Service
(DFAS) – Cleveland Center informed the Board analyst their records show the
applicant's DIEMS as 29 June 1981.

5.  On 4 October 2005, DFAS – Indianapolis Center informed the Board
analyst their records show the applicant was paid $715.95 for his
retirement travel on      25 March 2005.

6.  Title 10, U. S. Code, section 1406 states the retired pay base of any
person entitled to retired pay under section 3911 (retirement of a
commissioned officer 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 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 date for an ROTC cadet is the date the member began the
Senior ROTC Program (Advanced Course) or the date the member signed the
ROTC Scholarship contract.  This date is used solely to indicate which
retirement plan a member is under.

10.  Army Regulation 135-18 (The Active Guard Reserve (AGR) Program) states
all AGR officer personnel will be released from active duty or full-time
National Guard duty when they have attained 20 years and 1 month of
qualifying service for retirement purposes under Title 10, U. S. Code,
section 3911 (Retirement for length of service, 20 years or more:  regular
or reserve commissioned officers) unless they have been approved for
voluntary retention.

11.  The Joint Federal Travel Regulation (JFTR), paragraph U5130A.1.1.b.
states a member on active duty is authorized travel and transportation
allowances to a home selected by the member from the last permanent duty
station when the member is retired with pay for any reason.  Paragraph
U5130B.1. states, in general, travel to a selected home must be completed
within one year after active duty termination.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant's DIEMS cannot be determined for certain, the
evidence of record clearly shows his DIEMS was prior to 8 September 1980.
He was appointed a second lieutenant out of ROTC on 28 May 1980 and he
provided evidence to show he had completed 2 years of instruction in the
Advanced ROTC on 4 June 1978.  Therefore, the Board accepts 4 June 1978 as
his DIEMS.

2.  The applicant's records should be corrected to show his DIEMS as 4 June
1978 and his retired pay should be computed based upon the monthly basic
pay of his retired grade and not on his High-3.
3.  When not required to conform by statute, the Services often differ in
personnel or budgetary policies/priorities.  As examples:  The Air Force
has a greater need for senior grade officers; therefore, an Air Force
lieutenant colonel will be promoted to colonel sooner than would an Army
lieutenant colonel with the same date of rank (or vice versa); the Air
Force chooses to concentrate its resources this year on personnel and
family issues; the Army chooses to concentrate its resources this year on
restructuring its combat forces.

4.  It is within the Secretary of the Army's authority to release AGR
officers from active duty once they attain 20 years and 1 month of active
Federal service unless they have been selectively retained.  The applicant
has provided no evidence to show he was treated inequitably in comparison
with other Army AGR officers.

5.  The applicant's current application is dated 9 March 2005.  Records at
DFAS – Indianapolis Center indicate he was paid his retirement travel on 25
March 2005 ($715.95 versus his requested amount of about $1,000).  In the
absence of evidence showing he was not paid all the retired travel pay to
which he was entitled, it appears this portion of his request does not need
to be further addressed by the Board.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jns___  __lds___  __kwl___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant amendment of the ABCMR’s decision in Docket Number AR2002075981
dated 24 April 2003.  As a result, the Board recommends that all Department
of the Army records of the individual concerned be corrected by showing his
DIEMS as 4 June 1978, recomputing his retired pay accordingly, and paying
to him any and all due back retired pay.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
reinstating him on active duty in the AGR, promoting him to Colonel, and
giving him credit for active duty service and active duty pay since his
retirement effective 31 March 2003.




                                  __John N. Slone_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050006020                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |128.14                                  |
|2.                      |110.03                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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