IN THE CASE OF:
BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130000837
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 she be granted relief from the 6-Year Barring Statute and that she be paid her full Retired Pay entitlements effective the date she was placed on the Retired List (1 May 2001).
2. The applicant states, in effect, that when she retired, an incorrect pay multiplier was applied and she received an incorrect amount of retired pay until October 2011 when the error was discovered. She goes on to state that she was paid back pay for 6 years to 20 May 2005 but has been denied the remainder of her back pay (55 months) due to the 6-year barring statute.
3. The applicant provides a copy of a letter from the Florida Army National Guard (FLARNG) advising her to apply to the Board, copies of her retirement orders, and a letter from the Defense Finance and Accounting Service (DFAS) advising her of the adjustment to her Retired Pay Account.
CONSIDERATION OF EVIDENCE:
1. The applicant was serving in the pay grade of E-9 in the FLARNG on active duty in the Active Guard Reserve (AGR) Program when retirement orders were published by the FLARNG indicating that effective 30 April 2001 she had 21 years, 4 months, and 22 days of Section 1405 service. Additionally, she had 20 years, 4 months, and 22 days of service for voluntary retirement.
2. On 30 April 2001, she was honorably retired at Fort Stewart, Georgia and was transferred to the Retired List in the pay grade of E-9 effective 1 May 2001. However, for reasons that are not readily apparent, the applicants retired pay account was established as having 20 years, 4 months, and 22 days of service.
3. On 9 November 2011, DFAS notified the applicant that based on the change of her 1405 service, her retired pay had been changed and that she was being paid back pay for the past 6 years to 20 May 2005.
4. The letter provided by the applicant from the FLARNG is dated 12 December 2012 and indicates that the applicant was one of many notified in 2011 that there was an error in their military pay account and that they were not receiving full relief of monies owed due to DFAS having imposed the 6-Year Barring Statute.
5. 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 at Fort Stewart, the fact remains that the applicants military pay account was incorrectly reported to DFAS at the time of her retirement and resulted in the applicant being underpaid from 1 May 2001 until August 2011.
2. DFAS has paid the applicant back pay due her from 20 May 2005 to
31 July 2011; however, she is still due back pay from 1 May 2001 to 19 May 2005.
3. One of the reasons behind the Barring Act is to relieve the Government of excessive paperwork and prevent stale, baseless claims which the government cannot substantiate. Given the applicants 21 plus years of service, she is certainly deserving of favorable consideration for her service to her country. Further, documents verifying the applicants entitlements are readily available.
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 showing that at the time of her retirement on 1 May 2001, the applicants military retired pay account was established by the Army with 21 years, 4 months, and 22 days of 1405 service as reflected on her retirement orders and that she be paid all back pay due her from that date (less any back pay already disbursed to the applicant).
_______ _ _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) AR20130000837
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