MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:     

		BOARD DATE:          30 October 2003                    
		DOCKET NUMBER:  AR2003087720

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway 		Chairperson	
	Mr. Ernest W. Lutz 		Member	
	Mr. Larry C. Bergquist 		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 he receive additional credit for service in 1968.  

APPLICANT STATES:  In effect, that he had prior service in 1968.  He also contends that he is being paid for only 15 years of active service and that he should be paid for 20 years of active service.  In support of his application, he submits a copy of his DD Form 214 for the period ending 13 November 1970; a DD Form 214 for the period ending 31 July 1994; Leave and Earnings Statements; a copy of his DA Form 2-1 (Personnel Qualification Record); and a Retiree Account Statement.  

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

The applicant was inducted on 6 May 1969.  Item 8a (Prior Military Service) on his DD Form 47 (Record of Induction) shows "No."  He served as a general vehicle repairman in Vietnam and was released from active duty on 
13 November 1970.  He enlisted in the Regular Army on 15 August 1979, served as a legal specialist and was retired in the rank of staff sergeant on 31 July 1994.

The applicant's retirement orders show he was placed on the retired list effective 1 August 1994.  These orders show his voluntary retirement was based on 
16 years, 5 months, and 24 days of active duty service.  These orders also show that his basic pay was based on 20 years, 11 months, and 21 days for pay. 

Conversation with the Defense Finance and Accounting Service – Cleveland Center (DFAS-CL) on 28 October 2003 verified the applicant is being paid retired pay as an E-6 with 20 years of service for pay computed based on 16 years,        5 months, and 24 days of active duty service as of date of retirement.

There is no evidence in the applicant's service personnel records which shows that he served in the Army in 1968.

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.  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.

2.  The evidence of record does not support the applicant's contention that he had prior service in 1968.  The applicant's induction record, dated 6 May 1969, shows that he had no prior service.  Therefore, there is no basis for granting the applicant's request for additional credit for service in 1968.  
3.  The Board considered the applicant's contention that he is being paid for only 15 years of active service and that he should be paid for 20 years of active service.  However, the applicant's retirement orders show that his retired pay is based on 16 years, 5 months and 24 days of active service and his basic pay is based on 20 years, 11 months, and 21 days.  There is no evidence to show he served on active duty for 20 years.  DFAS-CL verified that he is being paid retired pay as an E-6 with 20 years of service for pay computed based on 16 years,        5 months, and 24 days of active duty service as of date of retirement.

4.  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

CLG___  EWL_____  LCB_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003087720	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031030	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	113.0000	
2.		
3.		
4.		
5.		
6.