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ARMY | BCMR | CY2013 | 20130002782
Original file (20130002782.txt) Auto-classification: Approved

		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 applicant’s 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 applicant’s 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



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20130002782



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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