IN THE CASE OF:
BOARD DATE: 1 May 2012
DOCKET NUMBER: AR20110020417
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 reconsideration of his request to correct his record to show his retirement grade as captain (CPT)/O3-E (prior enlisted service).
2. He states the evidence he included with his request is proof of his enlisted service prior to his commissioning date of 14 August 1987.
3. He provides the following:
* Self-authored statement
* Memorandum, Subject: Nonselection for Retention under the Provisions of National Guard Regulation 635-102 (Officers and Warrant Officers Selective Retention), dated 23 April 2008
* Orders 133-1255, dated 12 May 2008
* Army National Guard Retirement Points History Statement (RPAS)
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100028733 on 21 July 2011.
2. The applicants evidence was not previously considered by the Board.
3. As stated in the previous case, the applicant served on active duty as an enlisted Soldier in the U.S. Navy from 12 July 1978 to 11 July 1982 for a period of 4 years.
4. He enlisted in the California Army National Guard (CAARNG) on 15 May 1985 and was commissioned as a second lieutenant on 14 August 1987. On 6 June 2008, he was placed on the Temporary Disability Retired List (TDRL) in the grade of CPT/O3 with a 30 percent disability rating.
5. His 5 June 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in item 4a/4b (Grade, Rate, or Rank)/(Pay Grade), CPT/O03.
6. Orders D306-18, dated 2 November 2009, show he was removed from the TDRL on 2 November 2009 and permanently retired on the following day in his current grade of rank. His orders contain the entry of "Completed over 4 years of active service as enlisted or warrant officer: Not Applicable."
7. His ARNG RPAS shows he earned active duty points while a unit member during the following periods:
* 15 July 1986 to 14 July 1987, 10 active duty points
* 15 July 1987 to 17 November 1987, 5 active duty points
8. DOD Financial Management Regulation, dated January 2010, volume 7A, chapter 1, states, effective 20 May 1958, commissioned officers in pay grades
O-1, O-2, or O-3 who are credited with over 4 years of prior active service as an enlisted member are entitled to the special rate of basic pay for pay grade O-1E, O-2E, or O-3E. Effective 1 October 1993, commissioned officers in pay grades O-1, O-2, or O-3 who are credited with over 4 years of combined prior active service as an enlisted member and WO are entitled to the special rate of basic pay for pay grade O-1E, O-2E, or O-3E.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was credited with 4 years of active enlisted service while serving in the U.S. Navy. Additionally, his RPAS verifies he received 10 active duty points during the period 15 July 1986 to 14 July 1987, prior to being commissioned on 14 August 1987.
2. As cited above, the law requires completion of at least 4 years and 1 day of prior enlisted service to qualify for retired pay as an O-3E vice O-3. Therefore, his 10 active duty points received while assigned to the CAARNG combined with his 4 years of prior enlisted service in the U.S. Navy entitles him to retired pay at the pay grade of O-3E.
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 amendment of the ABCMRs decision in Docket Number AR20100028733, dated 21 July 2011. As a result, the Board recommends that all Department of the Army, Army National Guard, and State records of the individual concerned be corrected by:
a. amending the entry in Orders D306-18, dated 2 November 2009 to read: "Completed over 4 years of active service as enlisted or warrant officer: Yes" and
b. entitlement to all back retired pay as a result of this correction.
_______ _ _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) AR20110020417
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ABCMR Record of Proceedings (cont) AR20110020417
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