PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 November 1999                   
	DOCKET NUMBER:   AR1999028467

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Robert G. Hinkle		Member	
	Mr. Lester Echols		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 retired pay be effective retroactive to 9 March 1980.

3.  The applicant states he had inquired several times in the 1980s about his retirement and was informed his service could not be verified and he probably did not qualify for retirement.  He initiated another inquiry in 1997 and his retirement orders were issued 16 June 1998 with an effective date of 9 March 1980.  His retired pay has been calculated retroactive to 16 June 1992.

4.  The applicant’s military records show that he was born on 9 March 1920.  He entered active duty in an enlisted status on 22 February 1942.  He was discharged on 9 September 1943 to accept a commission on 10 September 1943.  He served on active duty from that date until 11 March 1946.  He was transferred to the U. S. Army Reserve and served in that component until he was discharged on 12 November 1964.

5.  The applicant’s retirement orders are not available; however, he has provided a copy of his certificate of retirement.  Although the certificate is not dated, it was signed by Chief of Staff of the Army General Reimer, so a date of 16 June 1998 is presumably correct.

6.  Neither the Army Reserve Personnel Command nor the Defense Finance and Accounting Service (DFAS) has a copy of the applicant’s retirement order; however, DFAS does verify that they paid him 6-years back-retirement pay in 1998.

7.  Title 10, U.S. Code, sections 1331 through 1337 authorize retired pay for Reserve component military service.  Under this law, a Reserve soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.  The term “good years” is an unofficial term used to mean years in which 50 or more retirement points are earned during each year and which count as qualifying years of service for retirement benefits at age 60.

8.  Title 32, U. S. Code, section 3702 prohibits the payment of a claim against the Government unless it is received by the Comptroller General within 6 years after the claim accrues.

CONCLUSIONS:

1.  The Board concludes that an injustice occurred in this case.

2.  The applicant’s claim for retired pay could not begin to accrue until he was transferred to the Retired Reserve which the applicant claims occurred on          16 June 1998.  This time period is corroborated by the signature on his Certificate of Retirement and the evidence of DFAS partially paying his claim in 1998.  He filed his claim within 6 years of that date.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by paying the applicant all due retired pay retroactive to 9 March 1980, the date he reached age 60 and became eligible for retired pay.

BOARD VOTE:  

__rvo___  __rgh___  ___le___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028467	
SUFFIX		
RECON		
DATE BOARDED	19991124	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.14	
2.		
3.		
4.		
5.		
6.