RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 AUGUST 2006
DOCKET NUMBER: AR20050015259
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. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. James Anderholm | |Chairperson |
| |Mr. Dale DeBruler | |Member |
| |Mr. James Hastie | |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 item 4-b (pay grade) on his
January 1994 separation document be corrected to show 0-3E vice 03 and that
his military identification card also be corrected to reflect that same pay
grade. He also asks that his retired pay be recalculated accordingly.
2. The applicant states, in effect, that he served more than 12 years as
an enlisted Soldier and retired as a captain in 1994 after a total of more
than 20 years. He states when he retired his separation document reflected
a pay grade of 0-3 vice 0-3E and as a result his retired pay was based on
the basic pay rate of an 0-3 vice and 0-3E.
3. The applicant provides a statement indicating his retired pay is being
paid based on the pay grade 0-3 and has since his retirement in 1994. He
also provides copies of his enlisted separation documents.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 31 January 1994. The application submitted in this case
is dated
17 October 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. Records available to the Board indicate the applicant entered active
duty as an enlisted Soldier in June 1973 and served continuously in that
capacity until January 1986 when he was discharged and ordered to active
duty as a second lieutenant as a result of a direct appointment as a
commissioned officer.
4. The applicant was promoted to the rank of captain in July 1990 and
retired for length of service on 31 January 1994 after a continuous
military career spanning approximately 20 years and 7 months. Item 4-b on
his 1994 separation document reflects a pay grade of 0-3. His Department
of Defense Form 2 (Retired Identification Card) reflects that same pay
grade.
5. Army Regulation 635-5, which prescribes the policies and provisions for
the preparation of the Department of Defense Form 214 (Certificate of
Release or Discharge from Active Duty) states that item 4 will reflect the
“active duty grade or rank and pay grade at the time of separation.”
6. Department of Defense Financial Management Regulation states that
effective 20 May 1958 commissioned officers in pay grades 0-1, 0-2, or 0-3,
who are credited with at least 4 years and 1 day of prior active service as
an enlisted member are entitled to the special rate of basic pay grade 0-
1E, 0-2E, or 0-3E. In effect, such commissioned officers are entitled to
count such service for the purposes of computing basic pay for longevity
purposes.
7. Service regulations which govern the preparation of the Department of
Defense Form 2 note that the official grade and rank will be entered in the
grade block on the retired identification card.
DISCUSSION AND CONCLUSIONS:
The evidence confirms that the applicant had more than 4 years of active
enlisted service when he was ordered to active duty as a United States Army
Reserve officer and as such, at the time of his discharge he would have
been serving in the recognized pay grade of 0-3E. His records should be
corrected accordingly.
BOARD VOTE:
__JA____ __DD ___ __JH ___ 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 was serving in pay grade 0-
3E at the time of his release from active duty in January 1994.
____ James Anderholm_______
CHAIRPERSON
INDEX
|CASE ID |AR20050015259 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060808 |
|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. |110.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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