RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 November 2007
DOCKET NUMBER: AR20070008112
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
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. James E. Anderholm
Chairperson
Mr. Lester Echols
Member
Mr. Jeffrey C. Redmann
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 correction of his military records to show his total service for pay as 17 years, 6 months, and 2 days. He also requests that his pay grade of O-3E be correctly entered in block 6b (Pay Grade) of his Report of Separation from Active Duty (DD Form 214).
2. The applicant states that his DD Form 214 shows that he had completed
17 years, 6 months, and 2 days of service for pay. However, he was informed by the Defense Finance and Accounting Service (DFAS) that his retired pay was based on 17 years, 5 months, and 27 days.
3. The applicant provides copies of his DD Form 214 and Letter Orders Number D1-400, dated 23 January 1974.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 16 March 1956, the applicant was inducted into the Army of the United States. He served on active duty until 17 December 1957, when he was transferred to the United States Army Reserve. On 26 July 1958, he enlisted in the Army National Guard and served in this capacity until 2 August 1959.
3. On 20 August 1962, the applicant enlisted in the Regular Army and served on active duty until 24 May 1967, when he was discharged for the purpose of accepting a commission in the United States Army Reserve. He had completed a total of 10 years, 9 months, and 21 days of enlisted service for pay. He had attained the rank of staff sergeant, pay grade E6.
4. On 25 May 1967, the applicant was appointed as a commissioned officer, Adjutant General Branch, in the rank of second lieutenant. He was concurrently ordered to active duty. He served as a commissioned officer on active duty until
6 February 1974, when he was retired due to a permanent physical disability. He had completed 6 years, 8 months, and 12 days of commissioned service. He attained the rank of captain, pay grade O-3E.
5. Records show that the applicant's total service for pay totaled 17 years,
6 months, and 2 days. The Record of Service Worksheet (AGPZ Form 190) also shows this amount of service for pay.
6. The Data for Retired Pay (DA Form 3713) shows in Item 29 (Basic Pay) that the applicant's total service for pay was 17 years, 5 months, and 27 days; and that he had over 4 years of active service as an enlisted member.
7. The applicant's DD Form 214 shows in Item 6b (Pay Grade) O-3. It also shows in Item 18e (Total Service for Pay) 17 years, 6 months, and 2 days.
8. Commissioned Officers with over 4 years of prior enlisted service received a higher rate of pay. Hence, an "E" was used to identify such individuals.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant served for more than 4 years as an enlisted member prior to being commissioned. Therefore, his pay grade should be shown as O-3E.
2. The evidence clearly shows that the applicant served a total of 17 years,
6 months, and 2 days of service for pay. Therefore, DA Form 3713 should be corrected to reflect this amount of service.
BOARD VOTE:
__ JEA __ __LE____ __JCR _ 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. correcting Item 6b (Pay Grade) of his DD Form 214 to read O-3E;
b. correcting Item 29 (Basic Pay) of the applicant's DA Form 3713 to show his total service for pay as 17 years, 6 months, and 2 days; and
c. having DFAS audit his finance records and paying him any additional pay due him as a result of this correction.
___ James E._Anderholm ___
CHAIRPERSON
INDEX
CASE ID
AR20070008112
SUFFIX
RECON
DATE BOARDED
20071101
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
129.0500
2.
129.0100
3.
4.
5.
6.
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