MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:           19 June 2003                   
	DOCKET NUMBER:   AR2003085624

	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. John N. Slone		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. William D. Powers		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:  In effect, that his military records be corrected to show he served 26 years of active military service.

APPLICANT STATES:  In effect, that he be granted 60 days to qualify him to received retired pay based on completion of 26 years of active military service.  He states that after completing a hardship tour in Korea from 1985 to 1986.  He claims that after completing approximately 23 years of service and nearing retirement, he was informed that he was again on orders to Korea.  He states he discussed his options with his assignment branch, and he was given the choice of accepting the assignment to Korea or retirement.  He states that he decided to retire.   At the time, he had completed 25 years and 10 months of active military service and service for basic pay purposes.  He claims that branch personnel had the authority to grant him an additional 60 days before retirement, but 90 days required approval.  In support of his application, he submits a copy of his separation document (DD Form 214), retirement orders, and Application for Voluntary Retirement (DA Form 2339).

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

On 30 April 1990, the applicant was honorably released from active duty (REFRAD) for the purpose of retirement.  At the time, he had completed a total of 25 years and 10 months of active military service.  

On 2 May 1989, the applicant submitted an Application for Voluntary Retirement (DA Form 2339), and requested to be REFRAD for the purpose of retirement on 30 April 1990, prior to his scheduled expiration of term of service (ETS) on 
2 March 1991.  Item 16 (Total Active Service Creditable for Retirement) and Item 
18 (Total Service For Basic Pay Purposes) both contain entries showing that the applicant completed a total of 25 years and 10 months of service.  

Item 28 (Date of Receipt of Alert-Notification for Assignment or Assignment Orders) of the applicant’s DA Form 2339 contains the entry “N/A”, which indicates that the applicant was not on orders for an overseas assignment at the time he requested retirement, and did not elect to retire in lieu of accepting a permanent change of station assignment.  

A Data For Retired Pay (DA Form 3713) prepared on the applicant during 
his retirement processing contains the entry 25 years and 10 months in 
Item 22 (Computation of Years of Service Credited for Retirement or Retired Pay) and Item 29 (Basic Pay).  These entries verify that the applicant’s retired pay computation for percentage and basic pay scale purposes would be based on his completion of 25 years and 10 Months of military service.  This document further confirms that he was placed on the Retired List in the rank and pay grade of first sergeant/E-8 (1SG/E-8) on 1 May 1990.

The DD Form 214, issued to and signed by the applicant on the date of his separation confirms that he held the rank and pay grade of 1SG/E-8, and that he had completed 25 years and 10 months of active military service on the date of his REFRAD.  

Title 10, U.S. Code section 3925 specifies that an enlisted member of the Army who retires for length of service will have his/her retired pay percentage computed based on his/her years of creditable active military service. The amount of retired pay will be arrived at using the percentage of the active military computation and the basic pay rate applicable based on the total military service creditable for basic pay purposes.  

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 Board notes the applicant’s contention that his military records should be corrected to show he completed 26 years of active military service.  However, it finds an insufficient evidentiary basis to support this requested relief.  

2.  By law, the retired pay percentage received is based on the actual number of years of active military service completed, and on the basic pay rate applicable to the total number of creditable military service creditable for basic pay purposes.  

3.  The evidence of record confirms that the applicant voluntarily requested retirement after completing only 25 years and 10 months of active military service and 26 years and 10 months of creditable military service for basic pay purposes. It also shows that he voluntarily requested retirement and this action was not taken in lieu of a PCS assignment.  Further, he elected to retire on a date that was over 10 months prior to his scheduled ETS.  Thus, the Board finds no error or injustice related to the total active military service and military service creditable for basic pay purposes used for the applicant’s retired pay computation.  Therefore, it concludes that relief is not warranted in this case.  

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  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

JS____  __WDP___  __LEM_  DENY APPLICATION

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

INDEX

CASE ID	AR2003085624	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	 DENY	
REVIEW AUTHORITY		
ISSUES         1. 340	 136.0200	
2.		
3.		
4.		
5.		
6.