IN THE CASE OF:
BOARD DATE: 18 September 2008
DOCKET NUMBER: AR20080009980
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, in effect, that his application for Reserve retired pay be approved and that any indebtedness he would owe from his previous receipt of disability retired pay be waived.
2. The applicant states, in effect, that he was advised by the U.S. Army Human Resources Command that all of his service in the Army Reserve was valid because no Air Force or Army record had been found that shows he waived Permanent Disability Retired List payment and status. He contends that he proudly served on active duty and in Reserve capacities with the Army and that he went back to an active duty status as a result of the conflict in the Middle East. He states that he served the time, that there are records to prove it, and that he is now officially retired and needs his records to reflect the service and commence pension payments.
3. The applicant provides a notarized letter, dated 15 March 1983, waiving disability compensation; a recommendation of approval, dated 24 March 1983; a letter of appointment as a Reserve commissioned officer, dated 4 April 1983; and a letter of approval for retired pay, dated 28 November 2006.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 20 December 1946. On 8 August 1968, the applicant was permanently retired by reason of physical disability from the Air Force.
2. On 15 March 1983, the applicant applied to be a chaplain in the Army and indicated that he would waive his rights to the disability retired pay conditioned upon his acceptance. He was accepted as an Army chaplain and served in the U.S. Army Reserve (USAR) until he reached age 60 and was placed on the retired list on 20 December 2006 in the rank of lieutenant colonel. Some of that time appears to have been on extended active duty.
3. Records from the Defense Finance and Accounting Service show the applicant continued to receive disability retired pay the entire time he was serving as a chaplain in the USAR while also accepting drill/active duty pay.
DISCUSSION AND CONCLUSIONS:
At the time the applicant applied to be a chaplain in the Army, the individual Services managed their own finance and accounting centers. The applicant had stated that he would waive his rights to his disability retired pay contingent upon being accepted as an Army chaplain. However, it appears that after being accepted as an Army chaplain he failed to inform the Air Force finance and accounting center that he would waive his disability retired pay. Since it appears the applicant continued to improperly receive disability retired pay while accepting drill and active duty pay, there is no basis for granting the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ ___xx___ ___xx___ 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.
_______ _ xxxx_____ ___
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) AR20080009980
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ABCMR Record of Proceedings (cont) AR20080009980
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