IN THE CASE OF:
BOARD DATE: 6 January 2011
DOCKET NUMBER: AR20100010294
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 correction of the computation of her retired pay by:
a. correcting her retirement order to show inclusion of her years in the Health Professions Scholarship Program (HPSP) as service credit for longevity and percentage for retirement pay purposes; and
b. requesting the Defense Finance and Accounting Service (DFAS) complete a thorough audit of her retired pay computations to include recalculation of retired pay commencing 1 October 2007, payment of the difference in retired pay for the period 1 October 2007 until the time of correction of any error(s) is completed, and adjust future retired pay accordingly.
2. The applicant states in 1989 the Army Board for Correction of Military Records (ABCMR) corrected her pay entry base date (PEBD) to 14 September 1981 based on her participation in the HPSP. She was told that this correction would not count toward reaching retirement but would count for longevity pay and would be added to her other service for a final retirement calculation.
3. The applicant provides copies of a 1 May 1989 U. S. Total Army Personnel Command Memorandum; 2 April 2009 U.S. Army Garrison Fort Belvoir Orders 092-0007; a DA Form 1506 (Statement of Service - for Computation of Length of Service for Pay Purposes); a page from the DoD Financial Management Regulation Volume 7B; a G-1 Retirement Services Office fact sheet; and her DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. On 14 June 1986, the applicant was commissioned a Medical Corps officer upon completion of her medical training under the HPSP.
2. U.S. Total Army Personnel Command Memorandum, dated 1 May 1989, states for the sole purpose of being credited for basic (longevity) pay, the applicant's records where corrected to show she enrolled in the HPSP on 14 September 1981.
3. U.S. Army Garrison Fort Belvoir Orders 092-0007, dated 2 April 2009, retired the applicant from active duty. The orders show she had 23 years, 4 months, and 17 days of service for retirement under Section 1405, with a basic pay calculation of 27 years, 1 month, and 4 days.
4. DFAS reviewed the applicant's retirement records and advised that the applicant is currently being paid as a colonel (O-6) with 23 years of service at the average of her highest three years of base pay.
5. The Office of the Assistant Secretary of Defense Memorandum, dated 1 July 2002, with the subject line Credit for Time Served at the Uniformed Services University of Health Sciences (USUHS) in Computing Military Retired and Retainer Pay provides the following:
a. Title 10, United States Code, Section 2114(b) (10 U.S.C. 2114(b)) provides that USUHS students "shall serve on active duty in pay grade O-1";
b. the provisions of 10 U.S.C. 2114(b) also apply to students in the Health Professions Scholarship Program; and
c. consequently, years of service at USUHS are creditable in computing retired pay.
DISCUSSION AND CONCLUSIONS:
1. In accordance with the 1 July 2002 DoD Memorandum, the applicant is entitled to receive, for retirement calculation only, credit for her period of service under the HPSP from 14 September 1981 through 13 June 1986.
2. With this correction, DFAS should recompute her retired pay entitlement and award her the additional entitlement effective on the date she first received retirement pay at the higher level.
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:
a. showing the applicant is entitled to receive, for retirement pay calculation only, credit for her period of service under the Health Professions Scholarship Program from 14 September 1981 through 13 June 1986; and
b. DFAS should recompute her retired pay entitlement and award her the additional entitlement effective on the date she first received retirement pay at the higher level.
_______ _ _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.
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