RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 March 2008
      DOCKET NUMBER:  AR20070011184


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 retirement pay.

2.  The applicant states, in effect, that his retirement pay should be
based on
28 years, 10 months, and 1 day of military service and not on 20 years,
6 months, and 18 days, as is currently the case.  He claims this error in
his retirement pay should have been detected by someone reviewing his
documents before they were finalized.  He claims the mistake was made by
retirement officials at Fort Irwin, California, and he was unaware of these
errors until he received an electronic mail message (e-mail) about his
retirement benefits.

3.  The applicant provides the following documents in support of his
application:  e-mails, dated 29 June 2007 and 14 July 2007; Leave and
Earnings Statement (LES), dated 1-31 May 2007; LES On-Line Inquiry;
Retirement Orders, dated
10 January 2007; Statement of Service (DA Form 1506), dated 24 February
2006; and Separation Document (DD Form 214), effective 31 May 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he was honorably released from active
duty, in the rank of sergeant first class (SFC), for the purpose of length
of service retirement on 31 May 2007.  The DD Form 214 he was issued shows
that he completed a total of 20 years, 2 months, and 25 days of active
military service.

2.  A DA Form 1506, dated 24 February 2006, which was prepared by a
Fort Irwin human resources (HR) official in conjunction with the
applicant's retirement processing, confirms that the applicant's Pay Entry
Basic Date (PEBD) was 14 July 1978, and his Basic Active Service Date
(BASD) was 6 March 1987. The applicant and the HR official both
authenticated this document with their signatures at the time it was
prepared.

3.  Headquarters, National Training Center and Fort Irwin Orders 010-0027,
dated 10 January 2007, authorized the applicant's release from active duty
on
31 May 2007, and his placement on the Retired List, in the rank of SFC, on
1 June 2007.  These orders confirmed the applicant had completed a total of
20 years, 2 months, and 25 days of active military service.  The orders
also indicated that the applicant had completed 20 years, 6 months, and 18
days for basic pay purposes.

4.  During the processing of this case, a member of the Board staff
contacted Defense Finance and Accounting Service (DFAS) officials and
confirmed that the applicant's retired pay was based on a BASD of 6 March
1987 and a PEBD of
14 July 1978, which indicates his retired pay was based on completion of 20
years, 2 months, and 25 days of active military service and 28 years, 10
months, and 17 days for basic pay scale purposes.

5.  Department of Defense (DOD) Financial Management Regulation, Volume 7a
(Military Pay Policy and Procedures-Active Duty and Reserve Pay) provides
military pay policy.  Chapter 1 (Creditable Service) provides guidance on
establishing a member’s basic pay date, which is the date that denotes how
much service a member has for the purpose of determining longevity pay
raises. In the Army, this date is commonly known as the PEBD.  This policy
states, in pertinent part, that the PEBD is the date a member enters active
or inactive service in either a Regular or Reserve component, which
includes both the ARNG and USAR.  The BASD is based only on active duty
service completed, which is the basis for retirement pay percentage.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that there is an error in his retired pay
because it is based on completion of 20 years, 6 months, and 18 days
instead of on 28 years, 10 months, and 16 days was carefully considered.
However, there is insufficient evidence to support this claim.

2.  DFAS officials have confirmed that the applicant's retired pay
percentage is based on his BASD of 6 March 1987, or 20 years, 10 months,
and 17 days of active military service, and that his retired pay scale is
based on his PEBD of
14 July 1978, or completion of 28 years, 10 months, and 16 days of military
service for basic pay purposes.  As a result, his retired pay is properly
calculated using both the proper amount of active duty service and the
proper amount of military service for basic pay purposes.

3.  Notwithstanding the administrative error in the amount of service
completed for basic pay purposes listed on his retirement orders, there is
no error related to the amount of retired pay he is receiving, as confirmed
by DFAS.  Therefore, there is an insufficient evidentiary basis to support
granting the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MDM__  __JCR __  __RCH__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  _____Mark D. Manning____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070011184                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/02/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2007/05/31                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |128.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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