IN THE CASE OF:
BOARD DATE: 15 January 2015
DOCKET NUMBER: AR20140007332
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 military records to show his retired pay grade as O-3E vice O-3
2. The applicant states He had to "buy back" 4 years of active duty for U.S. Postal Service retirement. He didn't know this would affect his pay grade as a Army Reserve retiree until March 2014.
3. The applicant provides copies of
* FAX Cover Sheet, dated 27 March 2014
* DFAS Cleveland Form 1340/2 (Estimated Earnings During Military Service (for Civil Service Retirement Purposes))
* DD Form 214 (Report of Separation from Active Duty)
* Personal Check made payable to the U.S. Postal Service for Military Retirement Buy Back, dated 14 March 2009
* approximately 22 military leave and earnings statements
* DD Form 2656 (Data for Payment of Retired Personnel)
* ARPC Form 249-E(Chronological Statement of Retirement Points)
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Marine Corps (USMC), entered active duty on 27 June 1973 and served 4 years. In June 1977 he was transferred to the USMC Reserve but did not participate.
2. He enlisted in the U.S. Army Reserve (USAR) on 27 February 1979, then served in the Army National Guard for a couple of years. He was commissioned a second lieutenant then returned to the USAR in 1983. He was promoted to captain with a date of rank of 6 August 1989.
3. A 24 September 1994 letter notified him he was eligible to receive retired pay at age 60 (a 20 Year Letter). On 6 August 1995 the applicant was voluntarily transferred to the Control Group (Retired).
4. The Leave and Earning Statements that he submitted in support of his application shows he was being paid in pay grade O-3E. The copy of the check shows the applicant "bought back" his military retirement time.
5. Public Law 97-253 provides Federal employees the opportunity to but into civilian retirement. The law divides such employees into two categories. Those who first became eligible after 1 October 1982 must pay a deposit to receive credit for military service.
6. The website "myarmybenefits.us.army.mil" explains that pay grades O-1E through O-3E apply to officers who have 4 years prior service as enlisted or warrant officers. Many other websites expand on this definition to explain that a Reserve officer who had accumulated 1460 retirement point in an enlisted or warrant office status would also qualify.
7. Many government and commercial websites address the issue of what is popularly and officially known as "military time buy-back" for Federal civilian retirement . The site www.abc.army.mil/retirements, FERSPost56.htm addresses the question "When Is A Period Of Military Service Creditable For Retirement Purposes?" as follows
A period of military service may be credited for retirement and death benefits purposes, subject to the following conditions:
a. The military service was performed before the date of separation upon which title to an annuity is based;
b. It was active duty (emphasis added) ;
c. It was not included in the computation of military retired pay (emphasis added), or if it was included in retired pay, the retired pay was awarded based on disability incurred in combat with an enemy of the United States or caused by an instrumentality of war and incurred in the line of duty during a period of war; or granted under the provisions of Chapter 1223, Title 10, of the U.S. Code (Reserve or National Guard retirement).
d. It was honorable service;
e. A deposit is made for Post-56 (1956) military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests reestablishment of his O-3E pay grade. However, he effectively "traded-in" the enlisted service time that qualified him for that pay grade.
2. The provisions applicable to "buying back" military retirement are established by Federal law and the Board has no authority in the matter.
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 that 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) AR20140007332
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140007332
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150002326
The applicant provides a DFAS Summary of Retired Pay Account, dated 23 December 1996, wherein it shows: * his retired rank as CPT * his service for basic pay was 20 years, 1 month, and 26 days * the active duty pay rate for a CPT with 20 years of service effective 1 January 1996 was $3,600.00 * the percent multiple for 20.08 years was 50.20 percent (%) * his retired pay was calculated at $3,600.60 X .5020 and equaled $1,807 * the cost of living adjustment was $45 for a gross monthly pay of...
ARMY | BCMR | CY2015 | 20150001526
The applicant requests, in effect, correction of his military service records to show he is authorized active duty and reserve military pay as a commissioned officer with over 4 years enlisted service, and retired pay based on grade O-3E. The applicant contends that his military service records should be corrected to show he is authorized active duty and reserve military pay as a commissioned officer with over 4 years of enlisted service and retired pay based on grade O-3E. The evidence of...
ARMY | BCMR | CY2011 | 20110021699
The applicant requests, in effect, relief from the 6-year barring statute in order to receive payment for military service performed and correction of her basic pay rate as a commissioned officer to show she had 1,460 retirement points as an enlisted member and therefore, is entitled to payment of the difference in E pay for the years 2004 through 2006. Her OMPF contains a National Guard Bureau Form 22 (Report of Separation and Record of Service) for the period ending 19 April 2000, which...
ARMY | BCMR | CY2008 | 20080001416
Pay information received via electronic mail (email) from the Defense Military Pay Office, Fort McCoy, Wisconsin provides that, in accordance with the Department of Defense Financial Management Regulation, Volume 7, Chapter 1, certain USAR officers credited with 1,460 retirement points for enlisted service were entitled to a special, increased rate of basic pay for pay grades O-1E, O-2E, and O-3E. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2011 | 20110022035
An NGB Form 23B (ARNG Retirement Points History Statement), dated 1 November 2005, shows he was credited with 546 (or 1 year, 5 months, and 27 days) active duty points during his service in the ARNG as a WO. On 14 October 2009, the ABCMR granted the applicant's request for correction of his records to show he was retired in the highest grade he had held and his records were subsequently corrected to show he was retired and placed on the retired list effective 3 March 2008 in the rank/grade...
ARMY | BCMR | CY2011 | 20110022954
The applicant requests: * Correction of his records to show he is entitled to pay at the captain (CPT)/OE-3 (prior enlisted service) rate vice CPT/O-3 * Payment of all back pay and entitlements owed based on the correction 2. The applicant states DOD Financial Management Regulation, volume 7A, chapter 1, states effective 1 January 2002 and 24 November 2003, the requirement for 4 years and 1 day of enlisted service was changed to 1,460 retirement points for Reserve and Army National Guard...
ARMY | BCMR | CY2010 | 20100014482
The applicant states her retired pay is based on her retirement in pay grade O-3, but it should be based on the pay grade of O-3E as she served 8 years as an enlisted member. The applicant provides: * DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 29 December 1969 * DA Form 3286-1, -2, and -3 (Statements of Enlistment), all dated 29 December 1969 * DD Form 373 (Consent, Declaration of Parent or Legal Guardian), dated 29 October 1969 * Two DA Forms 1695 (Oath of...
ARMY | BCMR | CY2008 | 20080007287
The applicant states, in effect, that since he had over 11 years of commissioned service when he retired and should have been retired in his commissioned rank and grade not his enlisted rank and grade. The Soldier must have completed all required service obligations at the time of retirement. The applicant's records were properly reviewed by the Army Grade Determination Board and he was properly advanced on the Retired List upon completion of 30 years of combined active and retired service.
ARMY | BCMR | CY2012 | 20120011934
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110022035, on 1 May 2012. On 14 October 2009, in response to his petition to be retired and receive retired pay in the highest grade satisfactorily held (CPT), the Board granted him relief in the form of a correction of his records to show he was retired in the highest grade he had...
ARMY | BCMR | CY2010 | 20100012384
The applicant requests his initial and subsequent officer pay grades be changed based upon his prior enlisted service. The evidence of record shows the applicant served in a Reserve Component as an enlisted Soldier for about 15 years prior to accepting a commission. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing that when he was appointed a second lieutenant on 16 December 2003 the appropriate officials were...