PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            2 September 1999
	DOCKET NUMBER:   AR1999018886

	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. Joseph A. Adriance 		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. James M. Alward		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 effect, that he be credited with all his service.

3.  The applicant states, in effect, that his service in the United States Army Reserve (USAR) and the Army National Guard (ARNG) is not being considered by the Defense Finance and Accounting Service (DFAS).

4.  The applicant’s military record shows that on 16 September 1980 he reenlisted in the Regular Army (RA) for 3 years in the grade of private/E-2 (PV2). The enlistment contract (DD Form 4/1) prepared on the applicant indicated the following in block 9 (Previous Military Service on Enlistment):  block 9a (Total Active Military Service) 2 years, 11 months, and 29 days; and block 9b (Total Inactive Service) none.  

5.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued the applicant after his first period of active service indicated that he was released from active duty (REFRAD) and transferred to the USAR on 17 October 1969.  It also showed that he had attained the rank of sergeant/E/5; that he had completed a combat tour in Vietnam; and that he had earned the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM)/ with 4 bronze service stars, and the Republic of Vietnam Campaign Medal (RVMCM).  

6.  The evidence of record shows that the applicant began his second period of active duty by successfully completing basic training at Fort Jackson, South Carolina and advanced individual training (AIT) at Fort Gordon, Georgia.  Upon completion of AIT the applicant was awarded military occupational specialty 05C (Radio Teletype Operator) and was assigned to Fort Carson, Colorado.  He was reassigned to overseas duty in Korea and arrived there in April 1982.  The highest rank he attained during his second period of active duty was specialist/
E-4 (SP4).  

7.  In October 1982 the applicant was reassigned to the Eisenhower Army Medical Center, Fort Gordon, Georgia as a patient.  On 4 March 1983, Orders Number D 44-14 directed that the applicant be retired because of a physical disability effective 18 March 1983, and that he be placed on the permanent disability retired list (PDRL) in the grade of SP4 on 19 March 1983.  Commander, Military Personnel Center (CDR, MILPERCEN) Message Number 041838Z 
Mar 83, Subject:  Enlisted Disability Retirement which directed the applicant’s disability retirement indicated that the applicant would have completed 5 years, 
6 months, and 2 days of active military service, and a total of 8 years, 11 months, and 16 days service for basic pay purposes on the effective date of his placement on the PDRL.

8.  On 18 March 1983, the applicant was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for his last period of service which documents that the applicant was retired honorably by reason of Physical Disability-Permanent.  Block 12c (Net Active Service this Period) documented 
2 years, 6 months, and 3 days; block 12d (Total Prior Active Service) showed 
2 years, 11 months, and 29 days; and block 12e (Total Prior Inactive Service) recorded 3 years, 5 months, and 14 days.  

9.  On 19 May 1995, a Statement of Service (ARPC Form 2496) was issued by the Chief of the Entitlements Division of the Army’s Personnel Center, St. Louis, Missouri which documented that the applicant had a total of 9 years, 10 months, and 11 days of service creditable for basic pay as indicated below: 

	a.)  RA Service:  661019-691017 (2 years, 11 months,29 days) and 800916-830318 (2 years, 6 months, 3 days) for a total of 5 years, 6 months, and 2 days;

b)  USAR Service:  691018-721018 (3 years, 0 months,1 day), 790214-800107 (0 years, 10 months, 24 days), and 800626-800915 (0 years, 2 months, 20 days) for a total of 4 years, 1 month, and 15 days; and 

c)  ARNG Service:  781121-790213  for a total of 0 years, 2 months, and 
23 days.

10.  The Department of Defense (DoD) Military Retired Pay Manual provides the policies and procedures governing military retired pay.  Part One (Retirement Entitlements and Computations), Part B (Service Credible for Basic Pay) states, in pertinent part, that in computing cumulative years of service for basic pay purposes members are credited for full time service for active or inactive service in the RA, USAR, and ARNG.  

CONCLUSIONS:

1.  The Board concluded that the applicant had completed a total of 4 years, 
4 months, and 8 days of total prior inactive service and should have been so credited in block 12e of the DD Form 214 issued him on 18 March 1983.  

2.  The evidence of record shows that the applicant had completed a total of 
5 years, 6 months, and 2 days of active military service and 4 years, 4 months, and 8 days of inactive service, for a total of 9 years, 10 months, and 10 days of service credible for basic pay purposes.

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

RECOMMENDATION:

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

	a.  by correcting block 12e of the DD Form 214, issued the individual concerned on 18 March 1983, to read a total of 4 years, 4 months, and 8 days of prior inactive service;

b.  by changing all applicable military records to show the applicant had completed a total of 9 years, 10 months, and 10 days of service credible for basic pay purposes on 18 March 1983, the date of his disability retirement, and 

c.  by providing the individual concerned any back pay and allowances due as a result of changing the total years credible for basic pay purposes.  

BOARD VOTE:  

___tnk__  __mkp___  __ja ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	AR1999018886	
SUFFIX		
RECON		
DATE BOARDED	1999/09/01	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1983/03/18	
DISCHARGE AUTHORITY	AR 635-40 C4 	
DISCHARGE REASON	Physical Disability	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  303	129.0100	
2.		
3.		
4.		
5.		
6.