PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           28 September 2000                   
	DOCKET NUMBER:   AR2000042452

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. Donald P. Hupman, Jr.		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 his time in service during his second enlistment be corrected to reflect his U. S. Navy Reserve (USNR) service.

3.  The applicant states that his USNR service was not used in computing his military pay during his second enlistment.  Naval Reserve Records did not respond to at least five requests for records over a 17-year period and he did not receive the records until September 1998.   

4.  The applicant's military records show that he enlisted in the Regular Army on 28 September 1970 and was released from active duty on 27 March 1974 and transferred to the U. S. Army Reserve (USAR).  He was discharged from the USAR on 27 September 1976 upon completing his military service obligation.  He reenlisted in the USAR on 16 September 1977.  He was discharged from the USAR on 17 March 1978 for the purpose of immediately enlisting in the USNR on 18 March 1978.  He was discharged from the USNR on 17 March 1980.  At that time he had completed 8 years, 6 months and 2 days of service for pay.

5.  On 27 January 1981, the applicant enlisted in the USAR Delayed Enlistment Program.  On his Record of Military Processing – Armed Forces of the United States, DD Form 1966/2, item 24, in response to the question “Are you now or have you ever been in any Regular or Reserve branch of the Armed Forces or in the Army National Guard or in the Air National Guard, the applicant listed only his prior Regular Army service.

6.  On 14 May 1981, the applicant enlisted in the Regular Army.  On 20 August 1982, he was discharged for unsuitability.  At this time he had completed           10 years, 1 month and 26 days of service for pay.

7.  The Defense Finance and Accounting Service (DFAS) has verified that at the time the applicant was separated he was being paid as an E-3 over 8.

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

CONCLUSIONS:

1.  It appears that the applicant’s contention is correct.  DFAS has verified that the applicant was paid as an E-3 over 8 at the time he separated.  Since the applicant should have been paid for over 10 at the time he separated, it appears likely that DFAS did not start paying him for over 8 until sometime after his enlistment of 14 May 1981 began.  He had actually completed over 8 years of service for pay prior to his enlistment date of 14 May 1981.

2.  It also appears to the board that the applicant may have contributed to this error.  He did not list any of his Reserve Component service on his DD Form 1966/2, which either precluded or delayed verification of his USNR service through official Army channels.

3.  As this record correction gives rise to a monetary entitlement by creating the accrual of a claim, payment of the claim is not barred by Title 31, U. S. Code, section 3702(b), commonly known as the Barring Act.

4.  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 applicant served in the USNR from 18 March 1978 through 17 March 1980.

2.  That DFAS recompute the applicant’s years of service for pay as a result of the above correction and, if appropriate, pay to him any pay and allowances due for the period 14 May 1981 through 20 August 1982 as a result of the correction.

BOARD VOTE:  

__rvo___  __emw___  __dph___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000042452	
SUFFIX		
RECON		
DATE BOARDED	20000928	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.