MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 March 2001
	DOCKET NUMBER:   AR2000046257

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Thomas O. O’Shaughnessy, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
     		       records
	Exhibit B - Military Personnel Records (including
	                  advisory opinion, if any)

APPLICANT REQUESTS: That his retired pay be computed based upon over 24 years of service for pay purposes.

APPLICANT STATES:  He states that his retired pay was computed incorrectly. He states that his retired was computed in pay grade E8 with over 22 years instead of 24 years.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted in the Regular Army on 

The applicant was placed on the temporary disability retired list effective
21 March 1999 in pay grade E8.  

The DD Form 214 (Certificate of Release or Discharge) he was issued at the time of his retirement shows in item 12c (Net Service this Period) 17 years, 4 months, and 21 days; item 12d (Total Prior Active Service) shows 5years, 8 months, and 4 days; and in item 12e(Total Prior Inactive Service) shows 1 year, 4 months, and 3 days. 

Orders 334-0104 dated 30 November 1998 issued by Headquarters, US Army Medical Department Center and School, Fort Sam Houston, Texas shows the applicant’s retired pay was computed based upon 23 years and 24 days under the provisions of Title 10, U.S. Code, section 1405. 

In the processing of this case a staff member of the Board contacted the Army Reserve Personnel Command (AR-PERSCOM) to determine whether the applicant’s total prior inactive service was qualifying service.  The AR-PERSCOM stated that they have no record of the applicant having any inactive service. 

Title 10, U.S. Code, section 3991, formula B, specifies than an officer who is retired under section 3911 will have his or her retired pay calculated on multiplying the monthly basic pay of the retired officer’s grade by 2 1/1 percent of the years of service credited to the officer under section 1405.  Section 1405 outlines what types of service are creditable for calculating retired pay for members of the Regular Army and Army Reserve.  In the applicant’s case, section 1405 requires his retired pay to be calculated on his years of active service and the service he performed under title 10 section, section 1333 and title 37, section 205a(7) and (8).  Title 37, section 205a(7) and (8) provides for equivalent service to be granted to medical or dental officers and does not apply to the applicant.  Section 1333 service is for reserve service after 1 July 1949 in which a person is credited with at least 50 retirement points in a retirement year. Credit is given for a person’s days of active service, one day for each point awarded for attending unit training assemblies, and 15 days per year when the person had membership in the reserves for 6 months or more in one year.  This section also provides for the award of 50 days a year for reserve service performed prior to 1 July 1949, and proportionately for any fraction of a year.  The sum of this service is then divided by 360 and the resultant is the persons years of service under section 1405.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s retired pay based upon 23 years and 24 days was properly computed in accordance with statutory provisions.

2.  The applicant’s contention that his retired pay should have been computed based upon over 24 years of service is not accepted by the Board.  While the applicant has 1 year, 4 months and 3 days of prior inactive service, there is no evidence that it was qualifying for retired pay.  If it is not qualifying for retired pay, it cannot be used to calculate his years of service for retired pay purposes.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___EMW__  __RTD _  __TEO__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000046257	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010315	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.