BOARD DATE:	  10 September 2009

		DOCKET NUMBER:  AR20090007385 


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 retroactive pay for prior service.  In effect, he requests correction of his records to show service credit for his prior service in the U.S. Navy Reserve (USNR) and as a Merchant Marine in the U.S. Coast Guard (USCG) for an adjustment of his retired pay.

2.  The applicant states that he was never given service credit for his USCG service from 1941 to 15 August 1945 or his USNR service from 21 October 1947 to 10 January 1949.

3.  The applicant provides a copy of a letter, dated 20 March 2009, from the Defense Finance and Accounting Service, London, KY; a copy of his USCG DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 2 August 1945; a copy of his USN Honorable Discharge Certificate, dated 20 October 1952; a copy of his USCG Honorable Discharge Certificate, dated 2 August 1945; a copy of his U.S. Army (USA) Honorable Discharge Certificate, dated 3 December 1967; and a copy of his USA DD Form 214 (Report of Separation from Active Duty), dated 31 July 1975, in support of his request.

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.  Having had prior service, the applicant's records show he was inducted into the Army of the United States (AUS) and entered active duty on 29 July 1955.  He was trained in and held military occupational specialty (MOS) 719.10 (Movement Specialist) and was honorably discharged on 28 May 1957.

3.  After a short break in service, the applicant’s records show he enlisted in the Regular Army (RA) for a period of 6 years on 4 June 1957.  He held MOS 452.20 (Dental Laboratory Specialist) and executed several extensions and/or reenlistments in the RA including a 4-year reenlistment on 4 June 1963, two 
3-year reenlistments on 4 December 1967 and 28 October 1970, and a 22-month extension on 6 August 1973.

4.  On 27 February 1975, the applicant submitted a DA Form 2339 (Application for Voluntary Retirement).  This form shows he was credited with 20 years and 24 days of active service and 4 years, 11 months, and 3 days of inactive service, for a total service for pay purposes of 24 years, 11 months, and 3 days.  Item 16 (Chronological Dates of Military Service) of this form shows he was credited with the following periods of service:

	a.  he served in the USNR from 21 October 1947 to 20 October 1952 and was credited with 27 days of active duty and 4 years, 11 months, and 3 days of inactive service as follows:

		(1)  he completed 1 year and 10 months of inactive service from 21 October 1947 to 20 August 1949;

		(2)  he completed 13 days of active duty for training (ADT) from 21 August 1949 to 3 September 1949;

		(3)  he completed 10 months and 5 days of inactive service from 4 September 1949 to 8 July 1950;

		(4)  he completed 14 days of ADT from 9 July 1950 to 22 July 1950;

		(5)  he completed 2 years, 2 months, and 28 days of inactive service from 23 July 1950 to 20 October 1952;
	b.  he served in the AUS from 29 July 1955 to 28 May 1957 and was credited with 1 year, 10 months, and 10 days of active service; and

	c.  he served in the RA from 4 June 1957 to 31 July 1977 and was credited with 18 years, 1 month, and 27 days of active service.

5.  The applicant’s records show he was honorably released from active duty on 31 July 1975 and was placed on the retired list in his retired grade of specialist six/E-6 on 1 August 1975.  The DD Form 214 he was issued shows he completed 20 years and 24 days of active service and 4 years, 11 months, and 3 days of inactive service, for a total service for pay of 24 years, 11 months, and 27 days.

6.  On 2 August 1991, the applicant was notified that his service in the Merchant Marine had been acknowledged in Public Law 95-202 and he was provided a DD Form 214 that was issued pursuant to this law.  This DD Form 214 indicated that it covered a period of service from 21 December 1944 to 2 August 1945.  However, it did not grant service credit in item 12c (Net Active Service This Period).  Item 30 (Remarks) of the DD Form 214 issued to the applicant by the USCG contained the entry, "This document issued under the provisions of Public Law 95-202 (38 USC 106 NOTE) administratively establishes active duty service for the purposes of Department of Veterans Affairs (DVA) Benefits."

7.  Public Law 95-202 provided that the service of any person in a group [Merchant Marine] which rendered service to the Armed Forces of the United States in a capacity considered civilian employment or contractual service at the time such service was rendered to be considered active duty for the purposes of all laws administered by the Secretary of Veterans Affairs.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be paid for his prior service in the USNR and the USCG, that his records should be corrected to show service credit for his prior service in the USNR and the USCG, and that his retired pay should be adjusted as a result of his service credit.

2.  The evidence of record shows the applicant served in the USNR from 21 October 1947 to 20 October 1952.  He completed 27 days of active duty service and 4 years, 11 months, and 3 days of inactive service during this period. 
He also served in the RA from 29 July 1955 to 31 July 1975 and completed 19 years, 11 months, and 27 days of active duty service.

3.  The evidence of record further shows that upon his retirement on 31 July 1975, the applicant was credited with 24 years, 11 months, and 27 days of total service for pay which consisted of his USNR service (4 years, 11 months, and 3 days of inactive service and 24 days of active service) and his RA service 19 years, 11 months, and 27 days).

4.  With respect to his USCG service, the DD Form 214 issued to the applicant under Public Law 95-202 administratively establishes active duty service for the purpose of eligibility for DVA benefits.  The law did not authorize this service to be creditable for retired pay computation purposes.

5.  In view of the foregoing evidence, the applicant’s retired pay computation appears to be correct and there is no evidentiary basis to support conducting a new computation of his retired pay at this time.  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 did not submit evidence that would satisfy this requirement.  Therefore, he is not entitled to relief.

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)                                         AR20090007385



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ABCMR Record of Proceedings (cont)                                         AR20090007385



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