IN THE CASE OF:
BOARD DATE: 20 May 2008
DOCKET NUMBER: AR20080003918
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his service in the U. S. Marine Corps (USMC) be considered in adjusting his retired pay.
2. The applicant states that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 1996 was corrected, but his retired pay was not adjusted.
3. The applicant provides a letter, dated 23 January 2008, from the Defense Finance and Accounting Service (DFAS); a letter, dated 11 May 2007, from the Army Review Boards Agency; the original Board case; and a DD Form 215 (Correction to DD Form 214).
CONSIDERATION OF EVIDENCE:
1. The applicant had prior service in the USMC. He enlisted in the Regular Army on 9 August 1974. When he retired on 31 January 1996, his DD Form 214 for the period ending 31 January 1996 failed to reflect his prior active and inactive service in the USMC.
2. The applicant applied to this Board for correction of his records, and on 20 July 2006 the Board recommended that his DD Form 214 for the period ending 31 January 1996 be corrected to show he had completed 21 years, 5 months, and 22 days of net active service for the period covered by the DD Form 214 ending 31 January 1996; 3 months and 9 days of total prior active
service; and 2 days of total prior inactive service. His retirement orders apparently were not available (and are not currently available) and were not corrected. On 9 February 2007, a DD Form 215 was prepared to reflect the corrections directed by the Board.
3. On 23 January 2008, DFAS informed the applicant that official orders needed to be submitted to change his retired pay account.
4. On 8 May 2008, DFAS provided the Board analyst the applicants retiree pay account and stated they needed orders or some official directive stating the exact amount of each service change in the applicants records. His retiree pay account currently shows he has 21 years, 5 months, and 22 days of service for pay, for active duty service, and for 1405 service.
DISCUSSION AND CONCLUSIONS:
1. Although the applicants DD Form 214 for the period ending 31 January 1996 was corrected to reflect his prior USMC service, because his retirement orders were not corrected DFAS could not adjust his retired pay.
2. The applicants records should be further corrected to show he retired with 21 years, 9 months, and 1 day of active duty service and 1405 service and corrected to show he retired with 21 years, 9 months, and 3 days of service for pay. His retired pay should be adjusted accordingly retroactive to his date of retirement.
BOARD VOTE:
___xx___ __xx____ ___xx___ 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. showing he retired with 21 years, 9 months, and 1 day of active duty service and 1405 service;
b. showing he retired with 21 years, 9 months, and 3 days of service for pay; and
c. adjusting his retired pay as a result of the above corrections retroactive to his date of retirement.
_ ______xxx ____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080003918
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ABCMR Record of Proceedings (cont) AR20080003918
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