RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         11 April 2006
      DOCKET NUMBER:  AR20050013268


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Carol A. Kornhoff             |     |Member               |
|     |Mr. Rodney E. Barber              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of his request to
correct his total service for basic pay purposes and payment of any
retroactive retired pay to which he is entitled.

2.  The applicant states, in effect, that the reasoning used by the Board
to arrive at its findings and recommendations during the original review of
his case seemed flawed.  He claims he noticed the error regarding his total
service during his retirement processing at Fort Lewis, Washington in 1995,
and in fact their computation was changed twice.

3.  The applicant provides a self-authored statement in support of his
reconsideration request.

CONSIDERATION OF EVIDENCE:

1.  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
AR20040004311 on 17 May 2005.

2.  During its original review of the applicant's case, the Board found
that the applicant was properly credited with all the military service,
both active and inactive, that he had completed, and as a result, there was
no error or injustice related to the military service credit he received.

3.  The applicant's record contains an enlistment contract that shows he
initially enlisted in the Regular Army (RA) and entered active duty on 26
September 1973.  This document confirms, in Item 49 that he had no prior
service prior to this enlistment date.

4.  The applicant served on active duty for 3 years until being honorably
separated and transferred to the United States Army Reserve (USAR) on
25 September 1976.

5.  On 26 September 1976, the applicant enlisted in the USAR Delayed Entry
Program (DEP) and remained in that inactive status for 11 months and 3 days
until being honorably discharged on 28 August 1977, for the purpose of
enlisting in the RA.

6.  On 29 August 1977, the applicant enlisted in the RA and reentered
active duty.  He continued to serve on active duty for 17 years, 11 months
and 2 days until being honorably released from active duty (REFRAD) for the
purpose of retirement on 31 July 1995.

7.  The applicant's Personnel Qualification Record (DA Form 2), dated 12
April 1995, shows his Pay Entry Basic Date (PEBD) as 26 September 1973, and
his Basic Active Service Date (BASD) as 1 September 1974.

8.  On 19 May 1995, the applicant submitted an application for voluntary
retirement (DA Form 2339).  This document shows he was requesting to be
released from active duty (REFRAD) for the purpose of voluntary retirement
on 31 July 1995, and to be placed on the Retired List the following day, 1
August 1995, in the rank of sergeant first class (SFC).

9.  Item 14 (Chronological Dates of Military Service) of the applicant's DA
Form 2339 shows he completed 3 years of active military service in the RA
from 26 September 1973 through 25 September 1976; 11 months and 3 days of
inactive service in the USAR from 26 September 1976 through 28 August 1977;
and
17 years, 11 months, and 2 days of active military service in the RA from
29 August 1977 through 31 July 1995.  Item 16 (Total Active Service
Creditable for Retirement) shows he completed 20 years, 11 months and 2
days of active military service.  Item 17 (Total Inactive Service
Creditable for Basic Pay Only) shows he completed 11 months and 3 days of
inactive military service, and Item 18 (Total Service for Basic Pay
Purposes) shows he completed a total of
21 years, 10 months and 5 days of military service for basic pay purposes.


10.  On 31 July 1995, the applicant was honorably separated after
completing a total of 20 years 11 months, and 2 days of active military
service and 11 months and 3 days of inactive military service, for a total
of 21 years, 10 months, and
5 days of military service.

11.  Volume 7B of the Department of Defense Financial Management Regulation
(DODFMR) provides the policies and procedures governing military retired
pay.  Paragraph 102 provides guidance on the service used for basic pay
purposes, and Paragraph 103 provides guidance on the service used for
percentage purposes upon retirement.  It states, in effect, that all
military service (active and inactive) is used for basic pay purposes, and
only active military service is used for percentage purposes.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the total service he was credited with
for basic pay purposes was in error was carefully considered.  However,
there is insufficient evidence to support amendment of the original Board
decision in this case.

2.  By law and regulation, all military service is creditable for basic pay
purposes. In other words, the PEBD is the date used to establish the basic
pay scale rate for retirement.  All active military service is used to
establish the percentage for retired pay.  In other words, the BASD is the
date used to compute from to establish the percentage for retired pay.

3.  The evidence of record confirms the applicant's PEBD was 26 September
1973, which is the first date he entered military service, as evidenced by
an enlistment contract on file in his records.  This date would have been
used to establish his basic pay rate for retirement.  In this case, he
would have received retired pay based on the pay scale for "over 20 years"
since his total military service was 21 years, 10 months, and 5 days, and
he would not have gone over 22 years for pay scale purposes until 26
September 1995.

4.  The applicant's BASD was 1 September 1974, which would have authorized
him to receive a percentage for retired pay based on completion of 20
years,
11 months, and 2 days of active military service.

5.  The application for retirement on file in the applicant's record
confirms he was credited with all military service confirmed in his record
for basic pay purposes, which was 21 years, 10 months, and 5 days; and that
he was credited with all active military service for percentage for retired
pay purposes, which was
20 years, 11 months, and 2 days.  As a result, there is no apparent error
or injustice related to the service he was credited with for either his
basic pay rate for retired pay, or for his percentage for retired pay
purposes.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WDP_  __CAK __  __REB__  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 to amend the decision of
the ABCMR set forth in Docket Number AR20040004311, dated 17 May 2005.




                                  _____William D. Powers____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050013268                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/04/11                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1995/07/31                              |
|DISCHARGE AUTHORITY     |AR 635-200 C12                          |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |128.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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