IN THE CASE OF:
BOARD DATE: 27 August 2013
DOCKET NUMBER: AR20130000588
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 relief from the 6-year barring statute and payment of her full retired pay effective the date she was placed on the Retired List
(1 February 2000).
2. The applicant states, in effect, an incorrect pay multiplier was applied when she retired. Therefore, she received an incorrect amount of retired pay until the error was discovered in 2011 and subsequently corrected in May 2012. She states she received back pay for 6 years (2 May 2006 - 29 February 2012); but she has been denied the remainder of her back pay (75 months) due to the
6-year barring statute.
3. The applicant provides a memorandum, dated 12 December 2012, and her DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant's retirement orders are not available for review in this case; however, her available record and evidence indicates that she served in the Florida Army National Guard (FLARNG) and was retired at Fort Stewart, GA on 31 January 2000 and placed on the Retired List on 1 February 2000.
2. On 1 May 2012, the Defense Finance and Accounting Service (DFAS) notified the applicant her retired pay account was being adjusted. This change was due to a correction to an item used in the computation of her pay. The information DFAS had on file was her service for percent multiplier. DFAS records reflected 20 years and 28 days incorrectly. The correct information is 20 years, 4 months, and 9 days. This correction changed her gross retired pay from $1,301.00 to $1,323.00. Since this was a retroactive correction she has been underpaid. DFAS enclosed a worksheet which shows the calculations resulted in a credit of $1,701.60, from 30 March 2005 to 29 February 2012.
3. She provided a memorandum from the FLARNG referencing a correction to her military retiree account, dated 12 December 2012, which stated the Human Resources Office of the FLARNG notified her in 2011 that she had an error in her military retiree account. DFAS corrected the error and she received a monthly increase in her retirement check and arrears in pay. She was receiving this memorandum because she was one of many Soldiers that did not receive full relief owed. The 6-year barring statute allows DFAS to pay 6 years in the arrears. She has been retired for longer than 6 years. The letter advised the applicant to apply to this Board.
4. Title 31, U.S. Code, section 3702, prohibits the payment of a claim against the government unless the claim has been received within 6 years after the claim accrues.
DISCUSSION AND CONCLUSIONS:
1. While it is not readily apparent whether the error occurred with the FLARNG or the Fort Stewart Transition Center, the fact remains that the applicant's military pay account was incorrectly reported to DFAS at the time of retirement and resulted in the applicant being underpaid from February 2000 until February 2012.
2. DFAS has paid the applicant back pay due from 30 March 2005 to
29 February 2012; however, she is still due back pay from 1 February 2000 to
28 February 2005.
3. One of the reasons behind the barring act is relieving the government of excessive paperwork and preventing stale, baseless claims which the government cannot substantiate. Given the applicant served over 20 years, she is certainly deserving of favorable consideration for her service to her country.
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 and State ARNG records of the individual concerned be corrected by showing the applicant's military retired pay account was established by the Army with 20 years, 4 months, and 9 days of service under Title 10, U.S. Code, section 1405 at the time of retirement on 1 February 2000 and pay her all pay due from that date (less any back pay already disbursed).
_______ _ 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) AR20130000588
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ABCMR Record of Proceedings (cont) AR20130000588
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