RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 July 2006
DOCKET NUMBER: AR20050013686
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. Dean L. Turnbull | |Analyst |
The following members, a quorum, were present:
| |Mr. James E. Vick | |Chairperson |
| |Ms. Barbara J. Ellis | |Member |
| |Mr. Donald L. Lewy | |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 total credit for basic pay
be corrected.
2. The applicant states that the entry for his basic pay on the DA Form
3713 (Data for Retired Pay) is incorrect. He says that Defense Finance and
Accounting Services (DFAS), recorded his credit for basic pay as 19 years,
8 months, and 2 days. However, he earned an additional 1 year, 10 months,
and 5 days. Also he says his total service should be 22 years, 0 months,
and 4 days.
3. The applicant provides:
a. a copy of his DA Form 3713;
b. a copy of his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge);
c. a copy of his National Guard Bureau Form 22 ( Report of
Separation and Record of Service); and
d. a copy of his Department of the Army Reserve Personnel Form
2496 (Statement of Service).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on
22 January 1990, the date his total basic pay for service was recorded on
his DA Form 3713. The application submitted in this case is dated 3
September 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. Item 29 (Basic Pay) of the applicant's DA From 3713, has the entry
"19 years, 8 months, and 2 days."
4. The applicant's military records show that he initially enlisted in the
Air Force Reserve on 20 March 1963. His records show that he served during
the period 20 March 1963 to 21 July 1979 in the Air Force Reserve and
received retirement credit for satisfactory federal service for 16 years, 4
months, and 2 days.
5. Records show that the applicant enlisted into the U.S. Army Reserve on
30 December 1980 and was honorably discharged on 2 October 1986. During
this period he had total of 5 years, 9 months, and 3 days of federal
service.
6. Army Regulation 635-200 (Personnel Separation) for enlisted personnel,
in effect at the time, states that when the information on the DA Form 3713
must be corrected after the form has been distributed, a new DA Form 3713
will be prepared and distributed. The item numbers being changed will be
shown on the line for that purpose (upper right corner of the form).
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his total credit for basic pay be corrected
to show that he completed 22 years, 0 months, and 4 days.
2. Records show that the applicant had completed 16 years, 4 months, and
2 days of satisfactory federal service in the Air Force Reserve; and 5
years,
9 months, and 3 days in the Army Reserve, for a total of 22 years, 1 month,
and 5 days. Therefore, the applicant is entitled to correction of his
records to show the entry in item 29 of his DA Form 3713 as 22 years, 1
month, and 5 days of satisfactory federal service completed.
3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 January 1990; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
21 January 1993. Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
in this case based on the relief being granted.
BOARD VOTE:
___bje___ ____dll__ ___jev___ 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 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 he completed 22 years, 1
month, and 5 days of satisfactory federal service.
_________James E. Vick________
CHAIRPERSON
INDEX
|CASE ID |AR20050013686 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060719 |
|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. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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