PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 March l999                  
	DOCKET NUMBER:   AC98-11011
				   AR1998000711

	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. Loren G. Harrell		Director	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Allen L. Raub 		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in essence, a review of his military records to determine if his retired pay calculations are correct.  

3.  The applicant states, in effect, that he believes he was not given sufficient service credit during a period of minority service in the Arizona Army National Guard (AZARNG) (as much as 95 days).  Essentially, he claims that while he received credit for 21 years and 6 months service for retirement pay, he was only given 20 years, 3 months and 3 (sic 13) days active service credit.  

4.  The applicant’s military records show that he was born on 8 October 1921.  He enlisted in the AZARNG on 1 June 1939, when he was still only 17 years of age.  Apparently, he did not have parental consent.  His records shows 15 days active service (most likely an active service period for training) from 12-26 August 1939.  On 8 October 1939, he was honorably discharged from the AZARNG by reason of the Convenience of the State.  He had served a period of 4 months and 8 days, creditable for pay purposes, in the AZARNG.  

5.  On 9 October 1939, now age 18, he reenlisted for a period of 3 years with his same unit, the 158th Infantry (Regiment), AZARNG.  He had two additional periods of active duty from 4-10 January 1940 (7 days) and 4-24 August 1940 
(21 days).  On 16 September 1940, his National Guard unit was mobilized and called to active duty.  On 12 November 1942, he was honorably discharge from his enlisted status, having attained the rank of staff sergeant.  He had completed an Officer Candidate School (OCS) program, and was appointed and commissioned as a second lieutenant, Infantry, Army of the United States (AUS). He was credited with 3 years, 1 month and 4 days total creditable service for pay between October 1939 and November 1942, of which 2 years, 1 month and 
27 days was considered active duty from 16 September 1940 through 
12 November 1942.  The period between 9 October 1939 and 15 September 
1940 (11 months and 8 days) was considered inactive service.  

6.  The applicant continued to serve on active duty through World War II, then on into the post-war period.  On 8 September 1947, while still on active duty in the AUS, he was accepted into the Officer Reserve Corps (now referred to the as the Army Reserve (USAR), on 8 September 1947.  He continued on active duty and was promoted to the rank of lieutenant colonel on 14 June 1957.

7.  On 30 November 1960, in conformance with his request, he was honorably released from active duty upon completion of sufficient active service for retirement, in accordance with Title l0, United States Code, Section 3911.  On 
1 December 1960, he was placed on the USAR Retired List.  He was credited with 18 years, 0 months and 17 days creditable service for basic pay purposes.  This period of service was also all active service.

8.  The applicant’s DD Form 214 (Armed Forces of the United States-Report of Transfer or Discharge) shows in item 24a(3) that he was credited with 21 years and 6 months total creditable service for basic pay purposes.  In item 24b be was credited with 20 years, 3 months and 13 days active service.  

9.  At the time of his retirement, his active service figure of 20 years, 3 months, and 13 days and creditable service for pay purposes of 21 years and 6 months were reported on a DD Form 424 (Certification of Information for Retired Pay) to the Defense Finance and Accounting Service.  Based upon laws in effect at that time, the applicant has received retired pay as a lieutenant colonel, with 22 years service credit.  (Note:  His pay would have been essentially calculated at 
55 percent of the base pay (less allowances) of a lieutenant colonel with 22 years service for pay purposes.  Periodic cost of living increases have been granted since 1960).  

10.  A detailed explanation of the computation for active service and pay credit
are shown below:

Service For Pay Credit: 

Service Component		Period	 (From-To)			Service Credit
	ARNG			1 Jun 39-8 Oct 39			0 yrs  4 mos   8 dys
	ARNG			9 Oct 39-12 Nov 42			3 yrs  1 mo     4 dys
	AUS			13 Nov 42-30 Nov 60	          18 yrs 0 mos 18 dys 

						TOTAL	          21yrs   6 mos  0 dys

Active Service Credit:

Service Component		Period	 (From-To)			Service Credit
	ARNG			12 Aug 39-26 Aug 39	        *  0 yrs  0 mos  15dys
	ARNG			4 Jan 40-10 Jan 40			0 yrs  0 mos    7 dys
	ARNG			4 Aug 40-24 Aug 40			0 yrs  0 mos  21 dys
	ARNG			16 Sep 40-12 Nov 42		2 yrs   1 mo   27dys
	AUS			13 Nov 42-30 Nov 60	         18 yrs   0 mo  18 dys

						TOTAL	          20 Yrs  3 mo  28 dys

*  During the initial calculation there was some question as to whether this 15-day period of active duty was a valid service credit.  Later, it was determined to be creditable and was added back into the applicant’s service computations.  However, this additional service credit was not included in the figures used to complete item 24b on the DD Form 214 issued to the applicant on 30 November 1960, which showed only 20 years, 3 months and l3 days active service.
11.  Army regulations and Federal statute provide that service in a minority status prior to age 17 is not creditable for any service credit or pay calculation purposes. However, service between age 17 and age 18 may be creditable for pay and service purposes.  Final determination rests with the local commanders and separation authorities.  

12.  Title 10, United States Code, at Section 3911, provides, in pertinent part, that the Secretary of the Army may retire a commissioned officer of the Regular Army or the Reserve with 20 or more years active service, 10 of which must have been as a commissioned officer.  However, retired pay is calculated on creditable service for basic pay purposes as outlined in the various sections of Title 10, United States Code, Chapter 71.   

CONCLUSIONS:

1.  The evidence of record shows that the applicant had in excess of 20 years active service on 30 November 1960.  However, the exact calculation is in error.  Instead of 20 years, 3 months and 13 days active duty, he had, in actuality 
20 years, 3 months and 28 days active duty.

2.  This error was based on credit of 15 days active service with the AZARNG in August 1939.  This was during a period of minority service.  

3.  However, the applicant was given full credit for pay purposes for 4 months and 8 days (128 days) service in a minority status with the AZARNG from 
1 June-8 October 1939.  

4.  Therefore, the Board concludes that the applicant received the appropriate service credit for pay purposes while in a minority status (4 months and 8 days), but that he should be given 15 days additional active service credit for his period of active service while in a minority status in August 1939.

5.  However, since retired pay is based only on service credit for basic pay, in the applicant’s case 21 years and 6 months (actually 22 years for retired pay calculations), there has been no basis established to further adjust his active service credit for pay and/or his retired pay account.  Final determination of this will be accomplished by the Defense Finance and Accounting Service, to whom a copy of these Proceedings are provided for any claim action.  

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned had 15 days active duty service from 12-26 August 1939.

2.  That upon completion of the above action, that a DD Form 2l5 (Correction to DD Form 2l4) be issued to him correcting item 24b of the DD Form 2l4 issued to him on 30 November 1960 to show that he had 20 years, 3 months and 28 days active service.

3.  Further, that a correction be made to his retired pay data forms to show the same active service credit.   

4.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

__RWA__  __ALR__  __JEV___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11011/AR1998000711	
SUFFIX		
RECON		
DATE BOARDED	19990324	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	MODIFY	
REVIEW AUTHORITY	DASA	
ISSUES         1.	110.00	
2.	135.00	
3.	128.14	
4.		
5.		
6.