IN THE CASE OF:	  

		BOARD DATE:	  7 October 2010

		DOCKET NUMBER:  AR20100022122 


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:

20.  On 20 September 2010, new information was received from the Defense Finance and Accounting Service (DFAS) in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090018620, dated 1 July 2010.

21.  U.S. Army Human Resources Command - St. Louis updated the applicant's ARPC Form 249-E (Chronological Statement of Retirement Points), which incorporated his applicant's additional creditable service and retirement points for the retirement year beginning 1 October 2006 and ending 30 September 2007.

22.  However, there is no evidence that a DA Form 1506 (Statement of Service - For Computation of Length of Service for Pay Purposes) was completed to verify the applicant's creditable service.

23.  A brief summary of the applicant's military service is provided for context.

	a.  He was appointed as a Reserve commissioned officer in the Army and Army National Guard (ARNG) on 17 May 1970; honorably separated effective
16 May 1976; transferred to the U.S. Army Reserve (USAR) Control Group (Standby Reserve) on 17 May 1976; and honorably discharged from the USAR (Standby Reserve) on 1 February 1978.

	b.  He had a break in service from 2 February 1978 through 30 April 1985.  


	c.  He was appointed as a Reserve commissioned officer of the Army on
1 May 1985 and he had continuous creditable service (in the USAR, active Army, and ARNG) through 27 May 2003.

	d.  He was transferred to the USAR Control Group (Retired Reserve) on
28 May 2003 and he remained in that status through 30 September 2004.

	e.  He was ordered to active duty on 1 October 2004 and served in an active status through 30 September 2007.

	f.  He transferred to the USAR Control Group (Retired) on 1 October 2007.

24.  Army Regulation 37-104-4 (Military Pay and Allowances Policy) prescribes policy for unique military pay and allowances policy guidance for the payment of Soldiers using Department of Defense Joint Military Pay System-Active Component.

	a.  Chapter 1 (Introduction), paragraph 1-4 (Responsibilities), states the Commanding General, USAHRC, will verify and certify the DA Form 1506.

	b.  Chapter 2 (Creditable Service) provides in:

		(1)  paragraph 2-1 (Policy provisions) that the basic pay rate is established according to the pay grade and the number of years creditable service a Soldier has completed.  Creditable service is determined per the Department of Defense Financial Management Regulation, Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), chapter 1 (Basic Pay).  Creditable service will be used to establish the Soldier's pay date and Total Active Federal Military Service Date.

		(2)  paragraph 2-2 (Establishing creditable service - officers) that Active Army officers entering active duty and Reserve Component (RC) officers ordered to active duty for a period in excess of 179 days must submit a DA Form 1506 to the servicing Finance Officer/Defense Military Pay Office (FO/DMPO).  This requirement pertains to:

		(a)  all medical/dental officers who are to be credited with constructive service.

		(b)  officers who do not have sufficient documentation in their possession to establish creditable service for pay purposes.

		(c)  Where there is reason for doubt, or exact dates are not available, the Commander, USAHRC (Career Branch), will verify the officer's service on the DA Form 1506 and forward the verified copy to the FO/DMPO [DFAS].

ADDITIONAL DISCUSSION AND CONCLUSIONS:

13.  At the time of the decision of the ABCMR in Docket Number AR20090018620, dated 1 July 2010, it was the intent of the ABCMR to make the applicant's record as administratively correct as it should properly have been at the time.

14.  The ABCMR's decision in Docket Number AR20090018620 failed to instruct the Commander, USAHRC, to complete the necessary DA Form(s) 1506 to verify the applicant's creditable service and forward the form(s) to DFAS.

15.  The applicant's request for correction of his records pertains to two specific periods of service.

	a.  Based on his break in service from 2 February 1978 through 30 April 1985, adjustment/correction of his Pay Entry Basic Date (PEBD) upon his appointment as a Reserve commissioned officer on 1 May 1985 and through 27 May 2003.

	b.  Based on his USAR Control Group (Retired Reserve) status from 28 May 2003 through 30 September 2004, adjustment/correction of his PEBD upon being ordered to active duty on 1 October 2004 through 30 September 2007.

16.  The BOARD DETERMINATION/RECOMMENDATION in ABCMR Docket Number AR20090018620 should be amended to direct that the Commander, USAHRC, complete the necessary DA Form(s) 1506 to verify the applicant's service and establish his adjusted PEBD for each of the two separate periods of service, as outlined in paragraph 15.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

4.  The Board determined that the evidence presented was sufficient to warrant amendment of the decision set forth in ABCMR Docket Number AR20090018620, dated 1 July 2010, by directing the Commander, USAHRC to complete the necessary DA Form(s) 1506 to verify the applicant's creditable service:

	a.  effective upon his appointment as a Reserve commissioned officer on
1 May 1985 and his adjusted PEBD at that time (and through 27 May 2003);

	b.  effective upon being ordered to active duty on 1 October 2004 and his adjusted PEBD at that time (and through 30 September 2007); and

   c.  forward the verified DA Form(s) 1506 to the Defense Finance and Accounting Service.

5.  As a result of the foregoing corrections, upon receipt of the verified
DA Form(s) 1506 from USAHRC, the Board recommends DFAS conduct a review of the applicant's pay records:

   a.  during the period beginning 1 May 1985 through the date of his transfer to the USAR Control Group (Retired Reserve) on 27 May 2003 based on the verified PEBD for that period of service;

   b.  during the period beginning 1 October 2004 through the date of his transfer to the U.S. Army Reserve Control Group (Retired) on 30 September 2007 based on the verified PEBD for that period of service; and

   c.  notify him of the results of that review, and any amount that may be due as a result of the review.  In addition, if applicable, provide the applicant payment of all back pay due as a result of this correction of records.




      _______ _   _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)                                         AR20100022122



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Supplemental Record of Proceedings (cont)                 AR20100022122



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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