IN THE CASE OF:
BOARD DATE: 29 October 2013
DOCKET NUMBER: AR20130002782
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 retired pay be recomputed based on 27 years of service and that he be paid all back pay and allowances due.
2. The applicant states, in effect, that his retired pay was incorrectly computed based on 26 years and 10 days of service; however, he had 27 years and
10 days of service.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), DD Form 215 (Correction to DD Form 214), Retirement Orders, Promotion Orders, a letter from the Defense Finance and Accounting Service (DFAS), and a letter from the U.S. Army Human Resources Command (HRC).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 21 September 1983. He completed his training and remained on active duty through a series of continuous reenlistments.
2. He served in Southwest Asia (SWA) during the period 24 January 1990 through 30 April 1991 and in Iraq during the period 9 January 2004 through
28 February 2005. He was promoted to the pay grade of E-8 on 1 August 2004.
3. On 30 September 2010, he was honorably retired and placed on the Retired List effective 1 October 2010. The DD Form 214 he was issued at the time of retirement shows he completed 26 years and 10 days of active service.
4. On 3 August 2011, a DD Form 215 was issued to show that he had completed 27 years and 10 days of active service.
5. The applicants retirement orders were also issued to show that he had completed 26 years and 10 days of active service and his retired pay was calculated accordingly.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his service was improperly calculated and resulted in his retired pay being improperly calculated has been noted and found to have merit.
2. The applicant served 27 years and 10 days of active service; however, his
DD Form 214 and retirement orders were prepared to reflect that he had served 26 years and 10 days of active service. Accordingly, his retired pay was calculated at the rate of 26 years and 10 days. His DD Form 214 was subsequently corrected.
3. Therefore, it would be in the interest of justice to amend his retirement orders at this time to show he served 27 years and 10 days of service and paying him all back retired pay due based on this correction.
BOARD VOTE:
__X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 amending his retirement orders to show he served 27 years and 10 days of active service for voluntary retirement and pay him all back retired pay due as a result of this correction.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20130002782
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130002782
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
CG | BCMR | Other Cases | 2005-141
CGPC stated that it has issued the applicant a DD 215, dated November 3, 2005, with the following changes to block 12 of his DD 214: DD 215 ENTRY No change No change No change 04 yrs., 08 mos., 17 days 10 yrs., 1 mo., 14 days No change DD 214 ENTRY 80 05 01 (May 1, 1980) Date Entered AD This Period Separation Date This Period 84 11 08 (Nov. 8, 1984) Net Active Service This Period 04 yrs., 06 mos., 08 days 04 yrs., 10 mos., 14 days Total Prior Active Service Total Prior Inactive Service 10...
ARMY | BCMR | CY2005 | 20050005147C070206
The applicant provides a copy of his DD Form 4/2 (Enlistment/Reenlistment Document), his Enlisted Record Brief, his DD Form 214 for the period ending 12 November 2003, his retirement orders, his DD Form 368 (Request for Discharge or Clearance from Reserve Component), his DA Form 1506 (Statement of Service – Computation of Length of Service for Pay Purposes), and his NGB Form 22 (Report of Separation and Record of Service). The Board determined that the evidence presented was sufficient...
ARMY | BCMR | CY2014 | 20140021118
The applicant requests separation pay. The applicant states: a. Item (b) states the applicant is entitled to full separation pay per Title 10, U.S. Code (USC), 1174. e. DD Form 214, dated 20 February 2014, which shows the applicant was honorably released from active duty on 31 December 2013, following 17 years, 8 months, and 3 days of total active service and 13 years, 3 months and 14 days of prior inactive service.
ARMY | BCMR | CY2009 | 20090011478
Counsel requests correction of the applicant's military records to show that the applicant was retired in the rank of colonel, pay grade O-6. Counsel provides, in support of the applicant's application, the following: a. DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 25 April 2008; b. DD Form 215 issued on 19 June 2008; c. Information Paper, subject: Overview of the Army Physical Disability Evaluation System, dated 11 April 2007; d. Orders, A-12-412913, U. S....
ARMY | BCMR | CY2007 | 20070002430
Orders Number 176-041 was published on 25 June 2001, ordering the applicant to full time National Guard duty, with an effective date of 19 August 2001 and a active duty commitment of 2 years, 10 months and 11 days. Her Army National Guard Retirement Point History Statement shows that she has 22 years, 10 months and 12 days of creditable service for retired pay. Retirement:" as 22 years, 10 month and 12 days; and b) recalculating her retired pay based on 22 years, 10 months and 12 days of...
ARMY | BCMR | CY2008 | 20080008730
There is no evidence of record to show the applicant was ever appointed a warrant officer. While it is true that the evidence shows the applicant was selected for appointment to warrant officer, the evidence of record also shows that the applicant was never appointed as a warrant officer. The Request for Orders the applicant received and his assignment to Headquarters, CID as a CID warrant officer were contingent on his being appointed as a warrant officer.
ARMY | BCMR | CY2010 | 20100014180
This time accounts for his first period of Regular Army active service and his 42 days of active service while in the Reserve components. A letter, dated 27 July 2010, from DFAS to a Member of Congress states, in pertinent part, the applicant's military records reflect he has 29 years, 3 months, and 11 days for his service base pay; the Department of the Army retired the applicant with 24 years, 4 months, and 26 days of total active service (service percent multiplier); and the service...
ARMY | BCMR | CY2013 | 20130001846
Since he has been retired longer than 6 years, in order to receive the full amount of retired back pay due, he would have to request relief from the Army Board for Correction of Military Records. The evidence of record also shows DFAS corrected his retired pay, confirmed his entitlement to back pay, and adjusted his retired pay. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: showing the applicant's military retired pay...
ARMY | BCMR | CY2009 | 20090000983
IN THE CASE OF: BOARD DATE: 30 APRIL 2009 DOCKET NUMBER: AR20090000983 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He maintains that the retirement points, as reported on the applicant's ARPC Form 249-E (Chronological Statement of Retirement Points), do not accurately reflect each 1-year period of his qualifying service under Title 10, U.S. Code, section 12732(a)(2). The following additional information from the ARPC Form 249-E for the period covering 29 September 1969 through 29...
ARMY | BCMR | CY2009 | 20090021224
The applicant requests: a. retroactive promotion to chief warrant officer four (CW4) on 6 November 2007; b. amendment of active duty orders for the period 6 November 2007 to 11 March 2008 to recover retroactive pay and allowances; and c. correction of item 12c (Net Active Service This Period), item 12d (Total Prior Active Service), and item 12e (Total Prior Inactive Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending dated 11 March 2008,...