IN THE CASE OF:
BOARD DATE: 13 January 2009
DOCKET NUMBER: AR20080019493
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).
CONSIDERATION OF ADDITIONAL EVIDENCE:
10. On 24 September 2008, the Deputy Chief of Staff for Personnel, New Jersey Army National Guard, requested a clarification of the Board's Determination/ Recommendation in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070013698, dated 5 June 2008. Specifically, clarification was requested regarding paragraph c, wherein the Board recommended paying the applicant any back pay and allowances that may be due to him as a result of this correction.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
3. At the time of the decision of the ABCMR in Docket Number AR20070013698, dated 5 June 2008, it was the intent of the ABCMR to make the applicantÂ’s record as administratively correct as it should properly have been at the time.
4. It is intended that the applicant receive retirement point credit and pay for service from 1 December 1998 through 10 August 2006 [his MRD] based on the average of his last 3 years of participation prior to 1 December 1998. It has been determined that his average was 46 Inactive Duty for Training (IDT) points,
15 Membership points and 15 Active Duty (AD) points. Accordingly, his retirement points statement should be corrected for retirement years ending
20 October 1999 through 20 October 2005 to reflect 46 IDT points,
15 Membership points, and 15 AD points for a total of 76 points per year. The partial retirement year 21 October 2005 through 10 August 2006 should show
36 IDT points, 12 Membership points and 12 AD points for a total of 60 points.
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 amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20070013698, dated 5 June 2008 by voiding BOARD DETERMINATION/RECOMMENDATION paragraph d and adding the following paragraph d to show additional credit for service from retirement year ending 20 October 1999 through 10 August 2006 [his MRD].
d. Award retirement point credit and pay for retirement years ending
20 October 1999 through 20 October 2005 at the rate of 46 IDT points,
15 Membership points, and 15 AD for a total of 76 points per year. Award retirement point credit and pay for the partial year ending 10 August 2006 at the rate of 36 IDT points, 12 Membership points, and 12 AD for a total of 60 points.
_______ _ 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) AR20080019493
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
SUPPLEMENTAL RECORD OF PROCEEDINGS
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ABCMR Supplemental Record of Proceedings (cont) AR20080019493
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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