SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           11 March 2003 
	DOCKET NUMBER:   AR2003085741

	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.  A quorum was present during the further consideration and deliberation.  The findings appearing in proceedings dated 24 January 2002 were affirmed.  The following additional findings, conclusions, and recommendation were adopted by the Board.

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance 		Analyst	

	The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 24 January 2002.

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Shirley L. Powell		Member	

	The applicant and counsel, if any, did not appear before the Board.

	The Board considered the following additional evidence:

	Exhibit C:  Defense Finance and Accounting Service (DFAS) 
Memorandum pertaining to the case, dated 3 February 2003.

THE BOARD ADDITIONALLY FINDS:

15.  In a memorandum, dated 3 February 2003, DFAS officials informed the Board staff that they lacked the pay records necessary to determine if the applicant is entitled to receive retired pay based on the pay grade of 0-3E.

16.  DFAS officials have requested that the Board change its original recommendation to indicate that the applicant was placed on the Retired List in the rank of CPTE , effective 1 March 2001, and that he be provided retired pay based on the formula most favorable to him based on his satisfactory active duty service in both pay grades 0-3E and W-3, to include any back pay due as a result.  

THE BOARD ADDITIONALLY CONCLUDES: 

8.  At the time of the Board’s 24 January 2002 (AR2001063470) decision in this case, it was the intent of the Board to make the applicant’s record as administratively correct as it should properly have been on the date of his retirement.  The purpose of the recommendation was to provide the applicant retired pay based on the formula most favorable to him as prescribed by law.  

9.  The evidence of record contained in the Board’s original decisional document of 24 January 2002, verified that the applicant had satisfactorily served as both a captain/0-3 (CPT/0-3) and a chief warrant officer three/W-3 (CW3/W-3), and that he had completed the four years of enlisted service necessary to qualify for the special pay rate of 0-3E.  

10.  The Board believed at the time that all the evidence of record confirmation contained in its Record of Proceedings provided DFAS all the information required for them to determine the retired pay formula most favorable to the applicant.  However, notwithstanding this belief, it understands the DFAS position.  Further, the Board is not adverse to revising its recommendation to satisfy the DFAS request as long as it ends in a fair and just result for the applicant. 

11.  In view of the additional factors in this case the applicant is entitled to correction of his record to show he was placed on the Retired List in the rank of CPTE, effective 1 March 2001, and that he is entitled to retired pay based on the formula most favorable to him based on his satisfactory service as both a 
CPT/0-3E and a CW3/W-3.

12.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

THE BOARD RECOMMENDS:

That all of the Department of the Army records related to this case be corrected by amending the Board’s recommendation appearing in the proceedings, dated        24 January 2002 (AR2001063470) to show that the individual concerned was placed on the Retired List in the rank of CPTE, and by providing him retired pay based on the formula most favorable to him based on his satisfactory service in both pay grades 0-3E and W-3, to include any back pay due as a result.  

BOARD VOTE:

__SAC__  __TSK  _  __  SLP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_  Samuel A. Crumpler  ._
		       CHAIRPERSON

INDEX

CASE ID	AR2003085741	
SUFFIX		
RECON	2002/01/24	
DATE BOARDED	2003/03/11	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  306	129.0400	
2.		
3.		
4.		
5.		
6.