PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               4 December 2001                         
	DOCKET NUMBER:       AR2001054437

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Eric N. Andersen		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 adjustment of his retirement points and correction of his records to show his retirement award. 

3.  The applicant states that his retired pay was incorrect because he was not credited with the proper qualifying retirement points.  In support of his application, he submits a supplemental letter, a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), his retiree account statement, page two of a DA Form 7301-R (Officer Service Computation for Retirement), a copy of his Army Reserve Retirement Credit Card, and his Chronological Statement of Retirement Points.

4.  The applicant’s military records show that he initially served in the U.S. Marine Corps from 3 January 1973 to 15 December 1975.  He was transferred to the U.S. Marine Corps Reserve and served in that component until 31 October 1978. After a break in service, he enlisted in the U.S. Army Reserve on 18 May 1979.  He was ordered to active duty in the Active Guard/Reserve (AGR) program on 14 December 1981 and continued to serve in the AGR program until he was retired in the rank of master sergeant on 31 January 2001.

5.  The applicant submitted an Army Reserve Retirement Credit Card, authenticated by the applicant and the certifying officer, which shows he was credited with “25” inactive training points and “15” active duty points for annual training during the period 18 May 1981 to 13 December 1981.

6.  The applicant also submitted page two of a DA Form 7301-R (Officer Service Computation for Retirement) prepared by the Ft. Knox, Kentucky Transition Point.  This document shows the applicant was credited with “9” membership points; “0” inactive duty points; and “9” total retirement points for the period 18 May 1981 to 13 December 1981.  

7.  The applicant also submitted a copy of a DA Form 638 (Recommendation for Award) which shows he received the Legion of Merit as a retirement award by Headquarters, First United States Army Permanent Order 15-22, dated 30 May 2001.

8.  The Chief of Personnel Actions and Services, Army Reserve Personnel Command, provided the ABCMR with a copy of the applicant’s DA Form 7301-R. This form shows that the applicant was credited with the following service:

Total Active Service:                               22 YEARS 02 MONTHS 02 DAYS
Total Service for Basic Pay Purposes:   27 YEARS 08 MONTHS 14 DAYS
Total Service for Percentage Purposes: 22 YEARS 08 MONTHS 00 DAYS

9.  U.S. Army Reserve Personnel Command Orders Number C-06-701118, 
dated 16 June 2000, show the same service data for the applicant as stated in paragraph 8, above.

10.  Upon review requested by the ABCMR, the Chief of Personnel Actions and Services certified the following adjustments should be made on the applicant’s retirement computations:

	Total Active Service:                               22 YEARS 02 MONTHS 16 DAYS
	Total Service for Basic Pay Purposes:   27 YEARS 08 MONTHS 13 DAYS
	Total Service for Percentage Purposes: 22 YEARS 09 MONTHS 09 DAYS

11.  The information provided by U.S. Army Reserve Personnel Command was forwarded as an advisory opinion to the applicant for comment and rebuttal and he concurred in the data by letter, dated 3 December 2001.

12.  Chapter 71 of Title 10 United States Code governs computation of retired pay.  Section 1405 of this chapter specifically governs computation of years of service for retired pay purposes.  This provision of law states that for the purposes of computation of the years of service of a member of the armed forces under a provision of this title, the years of service of the member are computed by adding:  (1) his years of active service; (2) the years of service not included in clause (1) with which he was entitled to be credited on 31 May 1958 in computing his basic pay;  (3) the years of service not included in clause (1) or (2) with which he would be entitled to be credited under section 12733 of this title if he were entitled to retired pay under section 12731 of this title.  Section 12731 governs age and service requirements for retired pay for non-regular service and section 12733 governs the computation of years of service for non-regular retired pay.

CONCLUSIONS:

1.  At the time of the applicant’s separation, he was not properly credited with all of his retirement points.  As a result of the missing retirement points, his retirement pay was understated.

2.  Based on the information provided by the Chief, Personnel Actions and Services, the applicant’s retirement orders and retired pay require review and correction to show that he completed 22 Years, 02 Months and 16 Days Total Active Federal Service; 22 Years, 09 Months and 09 Days Section 1405 Service; and 27 Years, 08 Months and 13 days Basic Pay (Longevity).

3.  Evidence of record shows the applicant was awarded the Legion of Merit as a retirement award, but this decoration is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show award of the Legion of Merit.
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:

a.  by amending the DA Form 7301-R (Officer Service Computation for Retirement) of the individual concerned to show his Total Active Service as 22 Years, 02 Months and 16 Days; his Total Service For Basic Pay Purposes as 27 Years, 08 Months and 13 Days; and his Total Service For Percentage Purposes as 22 Years, 09 Months and 09 Days; and correction of his retirement points and service computation in item 37 through item 41;

b.  after completion of the corrections in paragraph 1a above, by amending his retirement orders to show his Total Active Service as 22 Years, 02 Months and 16 Days; his Total Service For Basic Pay Purposes as 27 Years, 08 Months and 13 Days; and his Total Service For Percentage Purposes as 22 Years, 09 Months and 09 Days; and

	c.  by showing that he was awarded the Legion of Merit.

2.  That, upon implementation of corrections in paragraphs 1a and 1b above, the Defense Finance and Accounting Service audit the retired pay account of the individual concerned to determine all monies due to him, if any, and that he be paid all monies due to him, if any.

BOARD VOTE:  

JL______  MKP____  ENA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		JoAnn Langston________
		        CHAIRPERSON

INDEX

CASE ID	AR2001054437	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011204	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	135.0000	
2.		
3.		
4.		
5.		
6.