IN THE CASE OF:
BOARD DATE: 14 July 2011
DOCKET NUMBER: AR20100025194
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 that his military retired pay be computed to include the time he spent as a medical student at the Uniformed Services University of the Health Sciences (USUHS).
2. The applicant states his 4 years at the USUHS should be included in his military retired pay.
3. The applicant provides an amendment to his retirement orders, a Defense Finance and Accounting Service (DFAS) Summary of Retired Pay Account, a Retirement and Survivor Benefits Plan Estimates, and a DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a Reserve commissioned officer on 3 May 1985. He was ordered to active duty with a reporting date of 9 July 1985 and assigned to USUHS for the purpose of attending the School of Medicine's
4-year program.
2. DA Forms 1059 (Service School Academic Evaluation Report) show he attended USUHS from 11 August 1985 to 19 May 1989.
3. On 20 May 1989, he was commissioned as a captain in the Regular Army, Medical Corps.
4. On 31 August 2010, he was retired from active duty in the rank and grade of colonel/O-6 and placed on the Retired List the following day. His DD Form 214 shows he served 21 years, 4 months, and 14 days of active duty service with 2 months and 6 days of prior inactive service. Installation Management Command, Fort Lewis, WA, Orders 005-0002 (retirement orders), dated 5 January 2010, show 25 years, 1 month, and 28 days of service for basic pay.
5. Joint Base Garrison, Joint Base Lewis-McChord, WA, Orders 041-0055, dated 10 February 2010, amended Orders 005-0002 to read 21 years, 6 months, and 20 days of service for basic pay. The reason for the amendment is not known.
6. In connection with the processing of this case, an advisory opinion was obtained from DFAS. This agency stated that it cannot determine if the transition center included the applicant's USUHS time into his orders, but it can confirm he is being paid accurately according to Orders 041-0055 (amendment orders).
7. The Department of Defense Financial Management Regulation, volume 7B, paragraph 0103 (Service Creditable for Percentage Purposes), subparagraph 010301B(2) (Voluntary Retirement Commissioned Officers), states crediting of constructive service for medical and dental officers is not authorized after 14 September 1981 unless a member was already enrolled in such a program and later graduated and was commissioned as a medical or dental officer. However, post 14 September 1981 time is creditable in computing retired pay provided the officer is retirement eligible. Example: An O-6 with 20 years and 6 months service under Title 37, U.S. Code, section 205 (excludes time at USUHS), is receiving basic pay for an O-6 over 20 years. If this member served 4 years and 6 months at USUHS, then the member is to receive retired pay computed at 62.5 percent of basic pay as an O-6 upon retirement. Thus, the time at USUHS does not count toward computation of retirement eligibility for length of service, but does count in the computation of the amount of retired pay.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his 4 years at USUHS should be included in his military retired pay.
2. The pertinent Department of Defense regulation provides that time at USUHS is creditable in computing retired pay provided the officer is retirement eligible.
3. The applicant's original retirement orders show 25 years, 1 month, and 28 days of service for basic pay which appears to include his time as a student at USUHS. However, for unknown reasons these orders were amended to show 21 years, 6 months, and 20 days of service for basic pay which appears to exclude his time as a student at USUHS.
4. In view of the foregoing, the applicant's records should be corrected as recommended below.
BOARD VOTE:
____X___ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 he was awarded constructive service credit for longevity pay purposes only while attending USUHS from 11 August 1985 to 19 May 1989;
b. revoking Joint Base Garrison, Joint Base Lewis-McChord,
Orders 041-0055, dated 10 February 2010, thereby reinstating Installation Management Command, Fort Lewis, WA, Orders 005-0002, dated 5 January 2010.
_____________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) AR20100025194
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ABCMR Record of Proceedings (cont) AR20100025194
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