IN THE CASE OF:
BOARD DATE: 27 May 2014
DOCKET NUMBER: AR20130015978
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 correction of his pay records to show he retired on 28 February 1985 vice 31 December 1981.
2. The applicant states he retired in 1981. However, he was recalled to active duty in January 1982 and served until February 1985. He recently contacted the Defense Finance and Accounting Service (DFAS) regarding an allotment and he was told by DFAS that his retirement date is 1981 not 1985.
3. The applicant provides:
* Headquarters, U.S. Army Aviation Center and Fort Rucker, Fort Rucker, AL, Orders 235-153, dated 7 December 1981
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 December 1981
* U.S. Army Military Personnel Center, Alexandria, VA, Orders S203-10, dated 20 October 1981
* DD Form 214 for the period ending 28 February 1985
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Having prior service in the Regular Army and the Army National Guard, the applicant was appointed as a Reserve warrant officer of the Army with concurrent call to active duty on 15 October 1955. He served in a variety of stateside and overseas assignments and he was promoted to chief warrant officer four (CW4).
3. U.S. Army Military Personnel Center, Alexandria, VA, Orders S203-10, dated 20 October 1981, retired him from active duty effective 31 December 1981.
4. On 20 October 1981, Headquarters, U.S. Army Military Personnel Center, Alexandria, VA, also published two orders as follows:
a. Orders S203-11-A-82 recalled him to active duty from his retired status effective 1 January 1982 for a 4-year commitment.
b. Orders S203-12 released him from active duty effective 31 December 1985 (later amended to 28 February 1986) and reverted him to his retired status.
5. Headquarters, U.S. Army Aviation Center and Fort Rucker, Fort Rucker, AL, Orders 235-153, dated 7 December 1981, reassigned him to the Separation Transfer Point for separation from the Army.
6. He retired on 31 December 1981 and he was placed on the Retired List in the rank of CW4 on 1 January 1982. His DD Form 214 for this period of service shows he retired on 31 December 1981.
7. He reentered active duty as a retiree recall on 1 January 1982. He served the period of recall to active duty at the U.S. Army Aviation Center, Fort Rucker, AL.
8. Headquarters, U.S. Army Aviation Center and Fort Rucker, Fort Rucker, AL, Orders 29-151, dated 11 February 1985, reassigned him to the Separation Transfer Point for separation from the Army effective 28 February 1985.
9. He was honorably released from active duty on 28 February 1985 by reason of expiration of his term of service. He was issued a separate DD Form 214 that credited him with 3 years and 2 months of active service under the Retiree Recall Program.
DISCUSSION AND CONCLUSIONS:
1. The applicant retired on 31 December 1981 and he was placed on the Retired List in the rank of CW4 on 1 January 1982. This is the correct retirement date. Although his pay records are not available for review by the Board, they should reflect this date.
2. He was recalled to active duty on 1 January 1982 and he was honorably released from active duty on 28 February 1985. He did not retire again. He reverted to his previous retired status. His pay records from a monetary standpoint appear to be accurate in that they account for his 3 years and 2 months of active duty recall, but his retirement date is correct and there is no basis to change it.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ __X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20130015978
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130015978
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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