RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 September 2006
      DOCKET NUMBER:  AR20060003008


      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:

|     |Ms. Marla Troup                   |     |Chairperson          |
|     |Mr. Chester Damian                |     |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 retirement orders be corrected to show
he completed 33 years, 4 months, and 14 days total creditable service for
retired pay.

2.  The applicant states, in effect, that his retirement orders should be
corrected to show he served 33 years, 4 months, and 14 days creditable
service based on his NGB Form 23A (Army National Guard Current Annual
Statement).

3.  The applicant provides his NGB Form 23 and his retirement orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant  is  requesting  correction  of  an  alleged  error  which
occurred on 8 July 2000.  The application submitted in this  case  is  dated
10 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 was born on 10 September 1943.  He served in the U.S.
Army Reserve as a enlisted Soldier from 27 February 1967 through 26 August
1971.

4.  The applicant was appointed as a commissioned officer in the Army
National Guard on 27 August 1971 in the rank of second lieutenant.

5.  He was ordered to active duty in the Active Guard Reserve (AGR) on 1
July 1985.

6.  He was promoted to major on 14 August 1987.

7.  Headquarters, 10th Mountain Division (Light Infantry) and Fort Drum
Orders Number 116-1007, dated 25 April 2000, released the applicant from
assignment and duty on 8 July 2000 because of physical disability incurred
while entitled to basic pay.  On the date following, he was placed on the
retired list in the rank of major.  These orders show he completed 16
years, 8 months, and 1 day total active service creditable for disability
retirement; 16 years, 8 months, and 1 day total military service for basic
pay purposes; and 16 years, 8 months, and 1 day section 1405 service
creditable for retired pay.

8.  The applicant’s Army National Guard Current Annual Statement prepared
on 21 January 2004 shows he had accumulated 7162 retirement points and
33 years, 4 months, and 14 days creditable service toward eligibility for
retired pay.

9.  Information obtained from the Defense Finance and Accounting Service
on 31 August 2006 revealed that the applicant initially entered service on
27 February 1967 and he was credited with the following service:

      Disability retirement: 19 years, 10 months, 23 days
      Section 1405:          19 years, 10 months, 23 days
      Basic Pay Purposes:    33 years, 4 months, 14 days

10.  Chapter 61 of Title 10, United States Code governs retirement or
separation for physical disability.  Section 1208(b) states that a member
of the armed forces who is not a member of a regular component shall be
credited, for the purposes of this chapter, with the number of years of
service that he would count if he were computing his years of service under
section 12733 of this title.

11.  Chapter 1223 of Title 10, United States Code governs computation of
retired pay.  Section 12733 states that for the purpose of computing the
retired pay of a person under this chapter, the person’s years of service
and any fraction of such a year are computed by dividing 360 into the sum
of the following:

      (1) The person’s days of active service (the term “active service” is
defined as service on active duty or full-time National Guard duty).

      (2) The person’s days of full-time service under sections 316, 502,
503, 504, and 505 of title 32 while performing annual training duty or
while attending a prescribed course of instruction at a school designated
as a service school by law or by the Secretary concerned.

      (3) One day for each point credited to the person, under clause (B),
(C), or (D) of section 12732(a)(2) of this title, but not more than (A) 60
days in any one year before the year of service that includes September 23,
1996; (B) 75 days in the year of service that includes September 23, 1996,
and in any subsequent year of service before the year of service that
includes October 30, 2000;
(C) 90 days in the year of service that includes October 30, 2000, and in
any subsequent year of service.
      (4) One day for each point credited to the person under subparagraph
(E) of section 12732(a)(2) of this title.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s retirement orders show he was released from active duty
and placed on the retired list in the rank of major with 16 years, 8
months, and 1 day of creditable service for disability retirement, for
section 1405 service, and for basic pay purposes.

2.  The Defense Finance and Accounting Service informed a staff member of
the ABCMR on 31 August 2006 that the applicant was credited with 33 years,
4 months, and 23 days total service for basic pay purposes, 19 years,
10 months, 23 days of section 1405 service, and 19 years, 10 months, 23
days service for disability retirement.

3.  It appears that administrative errors have occurred in this case
regarding the computation of the applicant’s total service for basic pay
purposes.  Therefore, it would be appropriate to correct his retirement
orders to show that he completed 19 years, 10 months, 23 days total service
for disability retirement; 19 years, 10 months, 23 days section 1405
service; and 33 years, 4 months, and 14 days total service for basic pay
purposes.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 July 2000; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 7 July 2003.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence, it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

MT______  CD______  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 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:

      a.  amending his retirement orders to show his total service for
disability retirement as 33 years, 4 months, and 14 days;

      b.  amending his retirement orders to show his total service for
basic pay purposes as 19 years, 10 months, 23 days; and

      c.  amending his retirement orders to show 19 years, 10 months, 23
days section 1405 service.

2.  That, upon implementation of corrections in paragraphs 1a, 1b, and 1c
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.




                            Marla Troup___________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003008                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060926                                |
|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. Chun                                |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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