RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  05 February 2008
	DOCKET NUMBER:  AR20070002430 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Deyon D. Battle

Analyst


The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Mr. Antonio Uribe

Member

Mr. Ronald D. Gant

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 a recalculation of her retired pay.

2.  The applicant states, in effect, that during a conversation with the Defense Finance and Accounting Service, it was determined that there was an error in the calculation of her retired pay.  She states that she is currently being paid as a staff sergeant (E-6) with 21 years, 2 months and 29 days of creditable service and that she should be being receiving pay for 22 years, 10 months and 12 days of creditable service.

3.  The applicant provides in support of her application a copy of her Report of Separation and Record of Service (NGB Form 22); a copy of her Certificate of Release or Discharge from Active Duty (DD Form 214) for the period covering 8 May 2004 through 30 June 2005; a copy of her DD Form 214 for the period covering 16 January 2003 through 7 May 2004; a copy of a DD Form 214 for the period covering 30 July 1991 through 15 January 2003; a copy of her Notification of Eligibility for Retired Pay at Age 60 dated 18 September 2002; a copy of a Correction of DD Form 214 (DD Form 215) dated 12 August 1991; a copy of her DD Form 214 for the period covering 21 November 1990 through 29 July 1991; a copy of her DD Form 214 for the period covering 27 June 1988 through 21 November 1990; a copy of her DD Form 214 for the period covering 15 September 1978 through 14 September 1982; and a copy of Orders Number 102-1006 dated 12 April 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the United States Navy Reserve on 1 August 1978.  She enlisted in the United States Navy in Buffalo, New York, on 15 September 1978.  She completed 4 years of net active service prior to being released from active duty (REFRAD) on 14 September 1982 and she was transferred to the Naval Reserve Personnel Center, New Orleans, Louisiana, to complete her Reserve obligation.

2.  On 19 August 1987, the applicant enlisted in the New York Army National Guard (NYARNG) for 1 year.  






3.  The applicant's records indicate that she became a member of the Army National Guard Active Guard/Reserve on 27 June 1988.  The DD Form 214 that she was furnished shows that she was separated from the Active Guard Reserve on 21 November 1990 and that she was ordered to active duty in support of Operation Desert Storm as a member of the Army National Guard.

4.  On 8 April 1991, Order Number 67-9 was published ordering the applicant to full time National Guard duty in the Active Guard/Reserve for a period of 5 years, 1 month and 23 days, with an effective date of 27 June 1991.  On 29 July 1991, she was REFRAD at the expiration of her term of active duty service and she was transferred to Rochester, New York, to complete her Reserve obligation.  

5.  On 1 July 1996, after being granted two previous extensions, the applicant extended her NYARNG enlistment for an additional for 5 years.  

6.  Orders Number 143-030 was published on 22 July 1996, ordering the applicant to full time National Guard duty, with an effective date of 19 August 1996 and an active duty commitment of 5 years. 

7.  Orders Number 176-041 was published on 25 June 2001, ordering the applicant to full time National Guard duty, with an effective date of 19 August 2001 and a active duty commitment of 2 years, 10 months and 11 days.  On 27 April 2004, she extended her enlistment for an additional 2 years.  

8.  On 30 June 2005, the applicant was REFRAD and she was placed on the Retired List on 1 July 2005, after acquiring sufficient service for retirement.  The NGB Form 22 that she was furnished at that time shows that she has 22 years, 10 months and 12 days of total service for retired pay purposes.  Her Army National Guard Retirement Point History Statement shows that she has 22 years, 10 months and 12 days of creditable service for retired pay.  However; State of New York Orders Number 102-1006 dated 12 April 2005, releasing her from active duty shows her "Vol. Retirement:" as 21 years, 00 months and 19 days.

9.  During the processing of this case an advisory opinion was obtained from the Department of the Army and the Air Force National Guard Bureau, Chief, Personnel Division, recommending approval of the applicant's request.  The Chief, Personnel Division also opined that State of New York Orders Number 102-1006 should be amended to reflect her "Vol. Retirement:" as 22 years, 10 months and 12 days.

10.  A copy of the advisory opinion was forwarded to the applicant on 3 January 2008 for her information and use.  To date, there has been no response from the applicant regarding the advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s creditable years of service for retired pay were accurately calculated and this information is properly reflected on her NGB Form 22 and her Army National Guard Retirement Point History Statement as 22 years, 10 months and 12 days.  

2.  However, it appears that there was an error made during the preparation of State of New York Orders Number 102-1006 which resulted in the applicant receiving the improper pay after her retirement.

3.  According to the available information, the applicant completed 22 years, 10 months and 12 days of creditable service for retired pay purposes and her pay should have been calculated based on her actual creditable service.  Therefore, she is entitled to a recalculation of her retired pay and any back pay due her as a result of the recalculation.

4.  Additionally, in accordance with the advisory opinion, State of New York Orders Number 102-1006 should be amended to reflect her "Vol. Retirement:" as 22 years, 10 months and 12 days. 

5.  In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below.

BOARD VOTE:

__KLW__  __AU___  __RDG___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a)  amending State of New York Orders Number 102-1006 to show her "Vol. Retirement:" as 22 years, 10 month and 12 days; and

b)  recalculating her retired pay based on 22 years, 10 months and 12 days of creditable service and paying her all back pay and allowances due as a result of this correction.




____Kenneth L. Wright____
          CHAIRPERSON


INDEX

CASE ID
AR20070002430
SUFFIX

RECON

DATE BOARDED
20080205
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.  283
128.0000/PAY AND ALLOWANCE
2.  297
128.1400/OTHER TYPE PAY
3.

4.

5.

6.