IN THE CASE OF:	

		BOARD DATE:	13 August 2009    

		DOCKET NUMBER:  AR20090003314 


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, correction of his records to include his service in the Army National Guard (ARNG) and to show that he completed more than 15 years of creditable service for basic pay purposes.

2.  The applicant states, in effect, he was honorably retired from active duty on 19 August 1968 with 12 years, 8 months, and 3 days of total active service; however, he should be credited with 15 years, 9 months, and 23 days of service for longevity pay and Combat Related Special Compensation (CRSC) purposes.

3.  The applicant provides, in support of his application, copies of two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) with effective dates of 1 June 1962 and 19 August 1968.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  Available records for this review consist of two of the applicant's DD Forms 214, which allow the Board to conduct a fair and impartial review of this case.

3.  A DD Form 214 shows the applicant reenlisted in the Regular Army (RA) for a period of 6 years on 26 November 1957 and he was honorably discharged on
1 June 1962 for the purpose of immediate reenlistment.  Item 22 (Statement of Service), block a (Creditable for Basic Pay Purposes), shows he completed
4 years, 6 months, and 6 days of net service this period; 5 years, 0 months, and 29 days of other service; 9 years, 7 months, and 5 days of total service; and
6 years, 4 months, and 15 days of total active service.  The DD Form 214 also shows the applicant and assistant adjutant general each placed their signature of the document.

4.  A DD Form 214 shows the applicant reenlisted in the RA for a period of
6 years on 2 June 1962 and he was honorably retired on 19 August 1968 by reason of physical disability.  Item 22, block a, shows he completed 6 years,
2 months, and 18 days of net service this period; 9 years, 7 months, and 5 days of other service; 15 years, 9 months, and 23 days of total service; and 12 years,
8 months, and 3 days of total active service.  The DD Form 214 also shows the applicant and assistant adjutant general each placed their signature of the document.

5.  Department of Defense Financial Management Regulation (DoD FMR) 7000.14-R, Volume 7A, chapter 1 (Basic Pay), paragraph 0101 (Creditable Service), in pertinent part, provides that creditable service periods include active or inactive service in the regular service in the Army, Air Force, Navy, Coast Guard, and Marine Corps; Army, Naval, Marine Corps, Air Force, and Coast Guard Reserve; Army of the United States (service without specification of component); Army National Guard; Army National Guard of the United States; National Guard; National Guard of the United States; Air Force of the United States (service without specification of component); Air National Guard; Air National Guard of the United States; Nurse Corps and Nurse Corps Reserve of the Public Health Service; and Public Health Service and Reserve Corps of the Public Health Service.

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

   a.  The instructions for completing Item 22 (Statement of Service) state that detailed instructions for computing creditable service for basic pay are contained in Army Regulation 37-104 (Military Pay).

   b.  Block a (Creditable Service for Pay), section 1 (Net Service This Period), in pertinent part, states enter total service completed between the dates shown in Item 17 (Current Active Service Other Than by Induction), block c (Date of Entry), and Item 11 (Transfer or Discharge Data), block d (Effective Date), less time lost.

   c.  Block a, section 2 (Other Service), states enter all prior service excluding any service shown in Item 22, block a, section 1.  This includes any period served in the U.S. Army Reserve (USAR) or Army National Guard of the Unite States (ARNGUS) as a reservist not on active duty during current enlistment.

   d.  Block a, section 3 (Total), states "self-explanatory."

   e.  Block b (Total Active Service) states enter the total active service the individual has completed beginning with the earliest period of active service up to and including current period of active duty, less any period served in the USAR or ARNGUS not on active duty, and time lost.  In the case of enlisted personnel retired for length of service, the total active service entered in this item must agree with the official total of service for basic pay purposes shown in the letter or electrically transmitted message from The Adjutant General.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to include his service in the ARNG and show he completed 15 years, 9 months, and 23 days of service for basic pay purposes.

2.  Records show the applicant reenlisted in the RA on 26 November 1957 and he was discharged on 1 June 1962.  A service computation for this period of active duty service reveals that it equates to 4 years, 6 months, and 6 days of active service.

   a.  Records show that the applicant's 1962 DD Form 214 documents that he was credited with completing 4 years, 6 months, and 6 days of net active service this period; 5 years, 0 months, and 29 days of other service; 9 years,
7 months, and 5 days of total service; and 6 years, 4 months, and 15 days of total active service.

   b.  Based on the applicant’s total active service, a service computation shows he was credited with completing 1 year, 10 months, and 9 months of prior active service.

   c.  The evidence of record shows the applicant certified with his signature he had reviewed the information on his DD Form 214 at the time of his discharge. Therefore, it is concluded that the applicant’s 1962 DD Form 214 correctly documents his net active service for this period of service, other creditable service for basic pay, total creditable service for basic pay, and total active service.

3.  Records show the applicant reenlisted in the RA on 2 June 1962 and retired from active duty on 19 August 1968.  A service computation for this period of active duty service reveals that it equates to 6 years, 2 months, and 18 days of active service.

   a.  Records show the applicant's 1968 DD Form 214 documents that he was credited with completing 6 years, 2 months, and 18 days of net active service this period; 9 years, 7 months, and 5 days of other service; 15 years, 9 months, and 23 days of total service; and 12 years, 8 months, and 3 days of total active service.

   b.  It is noted that a service computation that adds the applicant’s net active service this period (i.e., 6 years, 2 months, and 18 days) with his total prior active service (i.e., 6 years, 4 months, and 15 days) shows that it equates to 12 years,
7 months, and 3 days (vice 12 years, 8 months, and 3 days).  However, despite this plus 1-month error made by Army officials in calculating the applicant’s total active service, no action is being taken by the Board to correct this error.

   c.   A service computation that adds the applicant’s net active service this period (i.e., 6 years, 2 months, and 18 days) with his other creditable service for 

basic pay purposes (i.e., 9 years, 7 months, and 5 days) shows that it equates to 15 years, 9 months, and 23 days of total creditable service for basic pay purposes.
   d.  The evidence of record shows the applicant certified with his signature he had reviewed the information on his DD Form 214 at the time of his discharge. His DD Form 214 already shows that he had more than 15 years of creditable service for basic pay purposes.  Therefore, based on all of the foregoing, it is concluded that the applicant’s 1968 DD Form 214 correctly documents his net active service for this period of service, other creditable service for basic pay, and total creditable service for basic pay.

4.  Thus, after a thorough review of the applicant’s available records, it is concluded that the evidence of record fails to support the applicant’s contention that his DD Forms 214 do not accurately reflect his total creditable service for basic pay.  

5.  It appears the applicant may be referring to a document other than his DD Form 214.  His retirement orders are not available, and he does not provide any evidence to show he is not being paid appropriately.  There is no basis for correcting either of the applicant’s DD Forms 214 or any other available record in this case.  However, if the applicant can provide the document that shows he does not have 15 years of service for basic pay purposes he may request reconsideration by submitting those documents.

6.  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.  Therefore, there is no basis for granting the applicant's request.

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
      
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)                                         AR20090003314



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ABCMR Record of Proceedings (cont)                                         AR20090003314



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