RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 May 2008
DOCKET NUMBER: AR20070018271
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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, correction of the computation of his retired pay.
2. The applicant states, in effect, that the time in service used for his retired pay computation was in error. He states that his original orders indicated his retired pay would be based on 24 years, 3 months, and 14 days; however, the day before his retirement, these orders were amended to try and correct the mistake and orders were published that showed 28 years, 3 months, and 14 days of service. He claims that because of this last minute change in the orders, his retired pay was erroneously computed and remains in error.
3. The applicant provides an Officer Service Computation for Retirement
(DA Form 7301-R) and Retirement Orders in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that on 30 September 2007, he was honorably released from active duty for the purpose of retirement. The separation document (DD Form 214) he was issued at the time confirms he held the rank of colonel (COL), and that he had completed a total of 24 years, 3 months, and
14 days of active military service.
2. The applicant's Official Military Personnel File (OMPF) contains United States Army Garrison (USAG) Benelux Central Processing Center Orders 242-0101, dated 30 August 2007, which authorized the applicants release from active duty for retirement on 30 September 2007, and his placement on the Retired List, in the rank of COL, on 1 October 2007. These orders indicated that the applicant had completed 24 years, 3 months, and 14 days of active military service for retirement percentage computation purposes and for basic pay scale purposes.
3. USAG Benelux Central Processing Center Orders 271-0100, dated
28 September 2007, amended Orders 242-0101 by changing the basic pay years of service to 28 years, 3 months, and 14 days.
4. The applicant's Officer Records Brief (ORB), dated 6 July 2007, shows his Basic Active Service Date (BASD) was 17 June 1983. A retirement computations form on file shows that the applicant's total active service was
24 years, 3 months, and 14 days and that his total service for basic pay purposes was 28 years, 7 months, and 26 days.
5. A review of the applicant's retired pay record maintained by the Defense Finance and Accounting Service (DFAS) shows that his retired pay percentage was based on his completion of 24 years, 3 months, and 14 days of creditable active military service; and that his retired pay scale (basic pay rate) was based on completion of over 28 years of military service.
6. Title 10 of the United States Code, section 1406 provides guidance on establishing the retired pay base for members who first became members before September 8, 1980. It states that retired pay will be computed using the monthly basic pay rate to which a member was entitled on the day before he retired.
7. Title 10 of the United States Code, section 1409 provides guidance on the applicable retired pay multiplier. It states, in pertinent part, that a multiplier of
2 1/2 times the number of the members creditable (active duty) service is used to establish the percentage of base pay used to establish retired pay.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his retired pay computation was erroneous and should have been based on 28 years, 3 months, and 14 days of service as indicated in his amended retirement orders was carefully considered. However, there is insufficient evidence to support this claim.
2. By law, the retirement pay percentage is based on the actual active duty service completed by the member, and the retired basic pay rate (pay scale) used is based on the total years of service completed for basic pay scale (longevity) purposes.
3. In this case, the applicant's record and the separation orders he provides both confirm his completion of 24 years, 3 months, and 14 days of active military service. The amendment referred to by the applicant simply adjusted his total military service for basic pay rate (longevity) purposes to over 28 years of service. A review of his retired pay record maintained by DFAS confirms his retired pay percentage is properly based on the 24 years, 3 months, and 14 days of active duty service he completed, and that his basic pay rate was based on his completion of over 28 years of military service for pay scale purposes. As a result, there is no evidence of an error or injustice in his retired pay computation and as a result, 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x ____ __x_____ 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.
______x________________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070018271
2
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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