RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         3 October 2006
      DOCKET NUMBER:  AR20060002850


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Sherry J. Stone               |     |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, a correction to his total creditable
service for retired pay.

2.  The applicant states, in effect, that he is not being credited for all
the service he performed.  He states he was credited with 29 years, 1
month, and 16 days for retirement pay, and he believes he completed 30
years and 1 day of service.

3.  The applicant provides no additional documentary evidence in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 31 July 1989, the date the applicant was released from
active duty (REFRAD) for retirement.  The application submitted in this
case is dated
12 February 2006.

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 record shows he was REFRAD, in the rank of sergeant
major (SGM), for the purpose of voluntary retirement on 31 July 1989.  The
separation document (DD Form 214) issued to him at the time confirms, in
Item 12 (Record of Service), that he completed a total of 31 years, 2
months, and 1 day of military service, which consisted of 29 years, 1
month, and 18 days of active military service and 2 years and 13 days of
inactive military service.  The applicant authenticated this document with
his signature, in Item 21 (Signature of Member Being Separated), on the
date of his separation.

4.  The applicant's Military Personnel Records Jacket (MPRJ) contains a
Data for Retired Pay (DA Form 3713), dated 21 September 1988, which was
completed on the applicant during his retirement processing.  This document
confirms the applicant completed 29 years, 1 month, and 18 days of active
military service for retired pay percentage purposes, and 31 years, 2
months, and 01 days for longevity basic pay scale purposes.
5.  Army Regulation 37-104-4 (Military Pay and Allowances Policy) provides
Department of the Army (DA) policies for entitlements and collections of
pay and allowances for active duty Soldiers.  It is used in conjunction
with Department of Defense Financial Management Regulation (DODFMR), Volume
7, Part A.  This regulation stipulates that the law prescribes the pay of
Soldiers and states, in pertinent part, that Soldiers are entitled to
receive pay according to their pay grades and years of service.  Total
active military services is used to establish the percentage of basic pay
that will be used for retired pay, 2 and 1/2 percent is earned for each
year of active military service.  Total military service is used to
establish basic pay scale (longevity) pay rate upon which retired pay will
be based.  Table 1-10 of the DODFMR contains the basic pay scale chart.
The head column of this chart shows at which point a longevity pay increase
takes place.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he did not receive credit for all the
service he completed was carefully considered.  However, there is
insufficient evidence to support this claim.

2.  The evidence of record includes a DA Form 3713 that confirms the
applicant completed a total of 29 years, 1 month, and 18 days of active
military service, which was used to determine his retired pay percentage;
and a total of 31 years, 2 months, and 01 days of military service, which
would have been used to establish the basic pay scale (longevity) rate upon
which his retired pay would be based.  These military service totals
coincide with the totals documented in Item 12 of his final separation
document, which he authenticated with his signature on the date of his
separation.  In effect, his signature was his confirmation that the
information contained on the DD Form 214, to include the military service
totals, was correct at the time the document was prepared and issued.

3.  The applicant has failed to provide any documentation confirming he
performed active or inactive military service that is not already accounted
for on his DA Form 3713 and DD Form 214.  Further, his military record is
void of any entries or documents that indicate he completed any additional
military service that was not already used in establishing his retired pay
entitlement.  Therefore, there is an insufficient evidentiary basis to
support granting the requested relief.

4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.
5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 July 1989, the date of his REFRAD
for retirement.  Therefore, the time for him to file a request for
correction of any error or injustice expired on 30 July 1992.  He failed to
file within the 3-year statute of limitations and has not provided a
compelling explanation or evidence to show that it would be in the interest
of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___KLW _  __TMR__  __SJS__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____Kenneth L. Wright___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002850                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/10/03                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1989/07/31                              |
|DISCHARGE AUTHORITY     |AR 635-200C12                           |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |129.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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