IN THE CASE OF: BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150017611 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150017611 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting item 18 (Total Service for Basic Pay Purposes) of the applicant’s DA Form 2339, dated 29 June 1989, to show 22 years, 2 months, and 16 days. _____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150017611 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his total service for basic pay from 21 years, 2 months, and 21 days to 22 years, 2 months, and 16 days. 2. The applicant states his total active service and total inactive service was added incorrectly on his DA Form 2339 (Application for Voluntary Retirement). 3. The applicant provides his DA Form 2339 and DD Form 214 (Certificate of Release or Discharge from Active Duty). CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army (RA) on 15 April 1968. He was released from active duty on 14 April 1971 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). The DD Form 214 for this period shows he completed 3 years of active service. 4. He was discharged from the USAR on 20 September 1972 after having completed 1 year, 5 months, and 6 days of inactive service. 5. He enlisted in the RA on 21 September 1972. He served continuously on active duty through several extensions of reenlistments. He attained the rank/grade of sergeant first class/E-7. 6. On 29 June 1989, he submitted a request for voluntary retirement to be effective 30 June 1990. His installation processed and submitted a DA Form 2339 that credited him with the following periods of service: * 15 April 1968 to 14 April 1971, 3 years of active service * 15 April 1971 to 20 September 1972, 1 year, 5 months, and 6 days of inactive service * 21 September 1972 to 30 June 1990, 17 years, 9 months, and 10 days of active service * total active service: 20 years, 9 months, and 10 days * total service for basic pay (total active plus total inactive service): 21 years, 2 months, and 16 days 7. On 1 July 1989, his installation transition center processed a DA Form 3713 (Data for Retired Pay) and submitted it to the Finance and Accounting Office to establish his retired pay. This form credited the applicant with 22 years, 2 months, and 16 days of total service for pay. 8. An advisory opinion was received from the U.S. Army Human Resources Command (HRC) on 23 August 2016 in the processing of this case. An advisory official stated that HRC reviewed the applicant’s military records. He was credited with 20 years, 9 months, and 18 days of qualifying years of service. This is correct. He was credited with 22 years, 2 months, and 16 days of total service for basic pay. This is also correct. HRC verified his military service record and has accounted for all his points and active duty. 9. The applicant was provided with a copy of this advisory opinion but he did not respond. REFERENCES: Total service for pay is calculated by adding a Soldier's total active service and total inactive service. DISCUSSION: 1. The applicant completed 20 years, 9 months, and 10 days of active service and 1 year, 5 months, and 6 days of inactive service. When these two periods are combined, his total service for pay is 22 years, 2 months, and 16 days. His DA Form 2339 shows this total as 21 years, 2 months, and 16 days. 2. Although an error was committed in the recording of the applicant’s total service for pay on the DA Form 2339, the DA Form 3713, which is used to authorize him retired pay, correctly credited him with 22 years, 2 months, and 16 days of total service for pay. Although it appears the error on the DA Form 2339 had no effect on his retired pay, the entry may be corrected in the interest of accuracy. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017611 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017611 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2