PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:           24 July 2003                  
	DOCKET NUMBER:  AR2003085543

	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. Arthur A. Omartian		Chairperson	
	Ms. Yolanda Maldonado		Member	
	Mr. John P. Infante		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 served in the Army National Guard (ARNG) be combined with his time served on active duty in the Regular Army (RA).   

3.  The applicant states, in effect, that he served in the ARNG for 20 months and 10 days and he would like this time combined with the 18 years, 11 months, 
and 13 days he served on active duty in the RA, which would result in a total of 
20 years, 7 months, and 25 days of combined service.  

4.  The applicant’s military records show that on 5 February 1970, he was honorably released from active duty (REFRAD) for the purpose of disability retirement.  

5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that he entered active duty in the RA on 23 February 1951 after having served in the ARNG from June 1949 through February 1951.  In Item 16 (Service Dates), his Basic Active Service Date (BASD) is recorded as 23 February 1951, and his Basic Pay Entry Date (BPED), now known as Pay Basic Entry Date (PBED), is recorded as 12 June 1949.  

6.  A Statement of Service (AGPERSCEN) Form 13-1), dated 30 September 1969, confirms that the applicant served in the ARNG for 1 year, 8 months, and 
10 days, from 13 June 1949 through 22 February 1951.  It further verifies that while serving in the ARNG, he completed 29 days of active duty service during the following two periods:  21 August through 4 September 1949 and 13 through 27 August 1951.  

7.  A Data for Retired Pay (AGPZ Form 977), dated 22 January 1970, prepared on the applicant during his retirement processing indicates, in the Computation of Years of Service Credited for Retirement or Retired Pay section, that he had completed 18 years, 11 months, and 13 days of service for disability retirement.  In the Basic Pay section, it also indicates that he completed the same period of service for basic pay purposes.  The remarks section of the form indicates that ARNG service completed prior to 23 February 1951 was not included in the computation and that upon verification, a proper adjustment would be made.  

8.  The separation document (DD Form 214) issued to the applicant on the date of his REFRAD confirms that at the time he held the rank of master sergeant (MSG), and he had completed a total of 18 years, 11 months, and 13 days of active military service.  It also shows that he was separated under the provisions of Title 10 of the United States Code, section 1201 (10 USC 1201).  

9.  An ARNG separation document (NGB Form 22) provided by the applicant verifies that he served in the ARNG from 13 June 1949 through 22 February 1951, and completed a total of 1 year, 8 months, and 10 days of military service. 

10.  10 USC 1201 provides the legal authority for disability retirement and directs that retired pay will be computed under the provisions of 10 USC 1208.  10 USC 1208 states, in effect, that members retiring for disability will be entitled to retired pay based on 2 and ½ percent times the number of years of creditable active military service they have completed.  The basic pay rate upon which retired pay is based will be the rate a member is entitled to based on their total service credited for pay purposes as established by their PBED.

CONCLUSIONS:

1.  The Board notes the applicant’s claim that his ARNG service and RA service should be combined for retired pay purposes and it finds merit in this claim.  By law, the applicant’s disability retired pay should be based on the total years of creditable active military service he has completed and his basic pay rate should be based on his total service credited for pay purposes.  

2.  The evidence of record confirms that the applicant’s PBED was 12 June 1949. It further verifies that he served in the ARNG from 13 June 1949 through 
22 February 1951, and that during this period he completed 29 days of creditable active military service.  

3.  In view of the fact of this case, the Board concludes that the applicant’s record should be corrected to show he completed a total of 19 years and 12 days of active military service, and 20 years, 8 months, and 24 days of service for basic pay purposes.  

4.  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 by showing that upon his retirement, the individual concerned completed a total of 19 years, 0 months, and 12 days of active military service for retired pay percentage purposes and 20 years, 8 months, and 24 days of military service for basic pay purposes; by providing him any back retired pay due as a result of this adjustment to his service dates; and by providing him a corrected separation document that reflects the corrected service periods in Item 22 (Statement of Service).  

BOARD VOTE:  

_AO__  __YM__  __JI         GRANT AS STATED IN RECOMMENDATION

________  ________  ____GRANT FORMAL HEARING

________  ________  ____DENY APPLICATION

Arthur A. Omartian
		 CHAIRPERSON

INDEX

CASE ID	AR2003085534	
SUFFIX		
RECON		
DATE BOARDED	2003/07/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1970/02/05	
DISCHARGE AUTHORITY	10 USC 1201 	
DISCHARGE REASON	Disability Retirement 	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  303	129.0100	
2.		
3.		
4.		
5.		
6.