PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            19 December 2000
	DOCKET NUMBER:   AR2000043815

	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	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Kenneth L. Wright		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 records be corrected to show he completed a total of 29 years, 11 months, and 2 days of active military service and that his retired pay be adjusted accordingly. 

3.  The applicant states, in effect, that at the time of his retirement he was credited with only 27 years, 11 months, and 13 days of active military service because his record was missing a Department of Defense (DD) Form 214 
( Armed Forces of the United States Report of Transfer or Discharge) issued to him on 1 May 1971 that confirmed that he had completed a total of 2 years, 
10 months, and 6 days of active military service as of that date. 

4.  The applicant’s military records show that on 30 June 1998, he was REFRAD, in the rank and pay grade of colonel/0-6 (Col/0-6), under the provisions of paragraph 6-14c, Army Regulation 600-8-24, by reason of sufficient service for retirement.  

5.  This DD Form 214 issued to the applicant that covered his period of service between 5 June 1971 and 30 June 1998 also showed that he had completed 
27 years and 26 days of active military service during that specific period of active duty service and an additional 10 months and 17 days of prior active military service, which documented that as of 30 June 1998 he had completed a total of 27 years, 11 months, and 13 days of active military service. 

6.  On 16 January 1998, Order Number 016-003, published by Headquarters, Fort Myer Military Community, Arlington, Virginia, which directed the applicant’s retirement, effective 30 June 1998, and his placement on the Retired List, in the rank and pay grade of Col/0-6, on 1 July 1998.  This order also indicated that the applicant had completed 30 years and 2 days of service for basic pay purposes and 27 years, 11 months, and 13 days for retired pay percentage computation purposes. 

7.  On 15 July 1998, the Retired Pay Department of the Defense Finance and Accounting Service (DFAS), Cleveland, Ohio sent a letter to the applicant which included an enclosure that outlined the computation used for his retired pay.  This indicated that the applicant’s retired pay would be based on his having completed 30 years and 2 days of service for basic pay and 27 years, 11 months, and 13 days of service for percentage purposes.  

8.  The record now contains a DD Form 214 issued to the applicant for a 1 year, 11 month, and 19 day period of active duty he served between 16 May 1969 and 4 May 1971.  This document resulted in a DD Form 215 (Correction of DD Form 214) being issued to the applicant on 13 September 1999.  

9.  The DD Form 215 amended blocks 12d (total prior active service) and 
12e (total prior inactive service) of the DD Form 214, issued to the applicant on 30 June 1998, and verified a total of 2 years, 10 months, and 6 days of prior active military service. 

10.  Army Regulation 600-8-24 (Officer Transfer and Discharges) prescribes the officer transfers from active duty to the Reserve Component and discharge functions for all officers on active duty for 30 days or more.  Chapter 6 provides the policy and procedure pertaining to the officer retirement system.  Paragraph 6-14 provides the authority for the voluntary retirement of officers who have attained 20 or more years of active military service. 

11.  Title 10 of the United States Code, section 1405 (years of service) provides the legal authority for determining years of service for retired pay computation purposes.  It states, in pertinent part, that for the purposes of the computation of the years of service of a member of the armed forces under a provision of this title providing for such computation to be made under this section, the years of service of the member are computed by adding his years of active service.

12.  Title 10 of the United States Code, section 1409 (retired pay multiplier) provides the legal authority for the retired pay multiplier to be used in computing the retired pay of a member of the uniformed service who is entitled to that pay under the law.  It states, in effect, that retired pay will be computed using the formula of 2 ½ percent times the number of years of active military service based on the pay rate being received by a member on the date of his retirement.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he was not credited with all his active military service for retired pay percentage computation purposes, and finds that this claim has merit.  

2.  The evidence of record includes official DD Forms 214 and a DD Form 215 that confirm the applicant had completed a total of 29 years, 11 months, and 
2 days of active military service as of 30 June 1998, the date he was REFRAD in order to be placed on the Retired List, effective 1 July 1998.

3.  By law, the percentage multiplier used for retired pay should be based on an eligible member’s total years of active military service.  Thus, the Board finds, in the interest of justice and equity, that it would be appropriate to compute the applicant’s retired pay based on his having completed a total of 29 years, 
11 months, and 2 days of active military service. 

4.  In addition, the Board concludes that it would also be proper to provide the applicant all back retired pay and allowances due based on his having his retired pay recomputed as indicated in the preceding paragraph.

5.  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 completed a total of 
29 years, 11 months, and 2 days of active military service on 30 June 1998, the date of his REFRAD for voluntary retirement.

2.  That the retired pay of the individual concerned be computed based on the total active military service indicated in the preceding paragraph for percentage purposes and that he be provided all back retired pay and allowances due as a result. 

BOARD VOTE:  

__jph ___  ___klw___  ___rjw __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____James P. Huber_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000043815	
SUFFIX		
RECON		
DATE BOARDED	2000/12/19	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1998/12/30	
DISCHARGE AUTHORITY	AR600-8-24	
DISCHARGE REASON	Retirement	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  303	129.0100	
2.		
3.		
4.		
5.		
6.