PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  7 February 2002
	DOCKET NUMBER:  AR2001057160

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Margaret K. Patterson		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 retired pay computations be corrected to include 1405 service between 28 July 1973 and 29 June 1983, and that his retired pay be corrected accordingly.

3.  The applicant states that when he retired from Army National Guard (ARNG) Active Guard Reserve (AGR) duty status on 30 March 1995, the law including Reserve retirement points (1405 service) for enlisted personnel had just been passed on 5 October 1994, as Public Law 103-337, section 635.  The computations for his retired pay did not correctly include his retirement points from 1405 service.  He provides copies of his: 1) NGB Form 22 (Report of Separation and Record of Service) for the period ending with his retirement on 
30 March 1995, 2) DD Form 214 (Certificate of Release or Discharge From Active Duty) for the period ending with this retirement on 30 March 1995, 
3) DA Form 2339 (Application for Voluntary Retirement), and 4) NGB Form 23B (Army National Guard Retirement Points History Statement).

4.  The applicant’s military records show that he was a Master Sergeant who had been on AGR duty since 30 June 1983, when on 29 November 1994, he applied for voluntary early retirement.  He had previously served in the Regular Army from 18 August 1969 through 8 August 1972 and in the Reserve components for various periods from 9 August 1972 through 29 June 1983.  On 30 March 1995, he was retired by reason of voluntary early retirement, and transferred to the Retired Reserve.  His DD Form 214 at retirement showed that he had 15 years, 
1 month, and 29 days active service and 9 years, 6 months, and 20 days inactive service.

5.  The DA Form 2339 computed for the applicant by the Colorado ARNG AGR Human Resource Management Office shows that he had 15 years and 29 days active Federal service; 9 years, 6 months, and 20 days inactive service; and 
24 years, 7 months, and 19 days total service for basic pay purposes.  The active Federal service computations do not show any credit for 1405 service in the Reserve Components between 28 July 1973 and 29 June 1983.  The definition of 1405 service is Inactive Duty for Training (IDT), Reserve membership, and correspondence courses, not to exceed 60 points per year.  The applicant’s 
NGB Form 23B shows that between these dates, he had 382 retirement points for IDT and 143 membership points.

6.  The AGR-USAR (U. S. Army Reserve) Separation Branch, U. S. Army Reserve Personnel Command (AR-PERSCOM), provided an opinion that the applicant’s retirement points history shows that he has 1405 service (retirement points for IDT and membership) that was not included in his active Federal service computations for retired pay and that these computations should be corrected.  The applicant provided rebuttal comment that he agreed.

CONCLUSIONS:

1.  The applicant’s DA Form 2339 active Federal service was not properly computed to include credit for 1405 service.  His service should be recomputed, the form corrected, and his retired pay corrected accordingly, effective 1 April 1995.

2.  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 for the individual concerned by recomputing his active Federal service to include credit for 1405 service and correct his retired pay accordingly, effective 1 April 1995.

BOARD VOTE:  

__fe___  ____le___  __mp____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Fred N. Eichorn_
		        CHAIRPERSON

INDEX

CASE ID	AR2001057160	
SUFFIX		
RECON		
DATE BOARDED	20020219	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128 – Pay and Allowances	
2.		
3.		
4.		
5.		
6.