IN THE CASE OF:
BOARD DATE: 30 December 2008
DOCKET NUMBER: AR20080010263
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 total active service for voluntary retirement, total service for percentage (i.e., Section 1405), and total service for basic pay purposes be corrected on his retirement orders, dated 5 October 2001.
2. The applicant states, in effect, that his records should reflect 26 years,
4 months, and 26 days of service according to his AHRC Form 249-2-E (U.S. Army Human Resources Command, St. Louis, MO, Chronological Statement of Retirement Points). He points out that his AHRC Form 249-2-E shows 26 years, 4 months, and 26 days qualifying for retirement, but his retirement orders show he is being paid for 23 years and 21 days.
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty); a DD Form 214 (Report of Separation from Active Duty); an AHRC Form 249-2-E, dated 21 January 2005; a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service); an NGB Form 23 (Retirement Credits Record); and verification of retirement credit.
CONSIDERATION OF EVIDENCE:
1. Having prior service in the Regular Army, the U.S. Army Reserve, and the Army National Guard, the applicant enlisted in the Regular Army on 30 May 1985. He remained on active duty through continuous reenlistments until he retired on 31 May 2002 in the rank of staff sergeant.
2. The applicant's retirement orders, dated 5 October 2001, show, in pertinent part, the entries, "Vol [voluntary] retirement: 20 years, 0 months, 14 days"; "Section 1405: 20 years, 1 months, 27 days" and "Basic pay: 23 years, 0 months, 21 days."
3. The applicantÂ’s U.S. Army Reserve Personnel Command, St. Louis, ARPC Form 249-E (formerly AHRC Form 249-2-E), dated 31 October 2008, also shows he had 26 years, 4 months, and 26 days of creditable service for retired pay.
4. In the processing of this case, an advisory opinion was obtained from the Chief, Appeals and Corrections Branch, U.S. Army Human Resources Command St. Louis, Missouri. That office provided a Service Computation for Separation sheet on the applicant which was prepared by the Fort Hood Officer Retirements and Separations Office. The Service Computation for Separation sheet shows, in pertinent part, that the applicant's total active service for voluntary retirement is 20 years, 4 months, and 5 days; his total service for percentage purposes is
21 years, 6 months, and 4 days; and his total service for basic pay purposes is
29 years, 3 months, and 20 days.
5. On 2 December 2008, a copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. On 6 December 2008, the applicant concurred with the advisory opinion.
DISCUSSION AND CONCLUSIONS:
1. The Service Computation for Separation sheet provided in conjunction with the advisory opinion is accepted as sufficient evidence on which to amend the entries in question (voluntary retirement, total service for percentage purposes (i.e., Section 1405), and total service for basic pay purposes) on the applicant's
5 October 2001 retirement orders.
2. The computation sheet shows, in pertinent part, that the applicant's total active service for voluntary retirement is 20 years, 4 months, and 5 days; his total service for percentage purposes is 21 years, 6 months, and 4 days; and his total service for basic pay purposes is 29 years, 3 months, and 20 days.
3. The applicant contends that his records should reflect 26 years, 4 months, and 26 days for pay purposes. Based on a recomputation of his service, his records should be reflected to show completion of 29 years, 3 months, and 20 days for basic pay purposes.
BOARD VOTE:
___X____ ___X____ ___X___ 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 amending his 5 October 2001 retirement orders to show his total active service for voluntary retirement is 20 years, 4 months, and 5 days; his total service for percentage purposes (i.e., 1405 service) is 21 years, 6 months, and 4 days; and his total service for basic pay purposes is 29 years, 3 months, and 20 days.
_________X_____________
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) AR20080010263
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ABCMR Record of Proceedings (cont) AR20080010263
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