PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 November 1999                   
	DOCKET NUMBER:   AR1999016547

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Stanley Kelley		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 that his DD Form 214 and retirement orders be corrected to show he had over 30 years of service for pay.

3.  The applicant states that he was not credited with the five years he served in the Individual Ready Reserve (IRR) after his retirement although he had been credited with 30 years service, as shown on his leave and earnings statements (LES), while he was on active duty.

4.  The applicant’s military records show that he served on active duty in an enlisted status from 1 February 1968 – 19 February 1973.  He was appointed a warrant officer aviator on 20 February 1973.  He separated on 19 February 1976 and was transferred to the U. S. Army Reserve.  

5.  An unsigned and undated DA Form 1506, Statement of Service for Computation of Length of Service for Pay Purposes, shows the applicant was in the inactive reserve from 20 February 1976 – 24 March 1981 (although his orders show he re-entered active duty 27 March 1981).  Orders were published 19 October 1977 discharging him from the Ready Reserve but those orders were revoked on 31 January 1978.  He provides active duty for training (ADT) orders for the period 16 – 28 May 1977 and for the period beginning 14 May 1978 for  29 days.  His Official Military Personnel File (OMPF) contains an Officer Evaluation Report (OER) for the period 16 – 27 May 1977.  His OMPF also contains a DA Form 61, Application for Appointment dated 18 September 1984 wherein he noted he served in the inactive reserve from February 1976 – March 1981.  The applicant provides evidence that he completed an annual flying physical examination on 15 July 1977 and a class 2 flight – return to flying status physical examination on 21 October 1980.  The October 1980 examination is also in his OMPF.

6.  The applicant re-entered active duty on 27 March 1981.  His LESs for the periods February and March 1998 show the Defense Finance and Accounting Service credited him with 30 years of service.  He retired on 1 April 1998.  His DD Form 214 shows he completed 25 years and 23 days of active service and no inactive service.  His retirement orders show he completed 25 years and 23 days of service for retirement and for pay.

7.  In the processing of this case, an advisory opinion was obtained from the Army Reserve Personnel Command (AR-PERSCOM).  AR-PERSCOM noted that the applicant was an active Army retiree.  They were unable to retrieve his record in order to determine whether retirement points and reserve time were credited and so they could take no action.  

8.  An advisory opinion was obtained from the Fort Lewis, WA Retirement Services Officer (RSO) as the applicant retired out of Fort Lewis.  The RSO noted that the DA Form 1506 was not signed or dated, that his reserve obligation was completed prior to 20 September 1976; that his ADT orders cannot be used to substantiate creditable service because there is no evidence to show he was actually paid for such ADT, and that his OMPF did not reflect such service.

9.  The advisory opinions were provided to the applicant for rebuttal (SEE ATTACHED).

CONCLUSIONS:

1.  The Board concludes a Government error was made in this case.

2.  Since the DA Form 1506 provided to both this office and the RSO at Fort Lewis, WA was unsigned, the Board agrees it alone would be insufficient evidence to show the applicant had the inactive reserve service he claims.  

3.  However, the Board disagrees with the RSO’s contention that there was no evidence in the applicant’s OMPF to reflect such service.  The applicant’s statutory obligation may have been completed prior to 20 September 1976, but the evidence in his OMPF (an OER and a physical examination dated during the contended period) shows he still had a contractual agreement to serve in the      U. S. Army Reserve during the contended period.

4.  The Board concludes that the documents provided by the applicant, combined with the documents on file in his OMPF, are sufficient evidence to show he was in the inactive reserve during the contended period.

5.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

     a.  correcting the applicant’s DD Form 214, item 12e to read 0005 001 07; and

     b.  amending the applicant’s retirement orders to show he had 30 years, 2 months and 0 days for basic pay.

2.  That the applicant’s retired pay be adjusted accordingly and he be paid any and all back retired pay due.

BOARD VOTE:  

__fne___  __esc___  __sk____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999016547	
SUFFIX		
RECON		
DATE BOARDED	19991103	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.14	
2.		
3.		
4.		
5.		
6.