PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:            6 July 2000                  
	DOCKET NUMBER:   AR1999030964

	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. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Ernest M. Willcher		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, correction of his retirement date by 12 days due to extended active duty in 1987.    

3.  The applicant states, in essence, that he participated in 12 days of extended active duty  from 2 through 13 November 1987.  Therefore, his effective retirement date should be corrected, and he should receive additional retirement pay.  He has been living in Germany and has not been able to get this matter resolved.   

4.  The applicant’s military records show that on 30 November l982, he was honorably released from active duty, for length of service, and on 
1 December 1982, he was placed on the USAR Retired List.  His rank was sergeant first class, pay grade E-7.  At that time his DA Form 3713 (Data for Retired Pay) showed that the retirement authority was Title 10, United States Code, Section 3914.  He was credited with 25 years, 10 months and 20 days both for active service and service for pay.  

5.  On 28 October l987, Permanent Order 97-7, was issued by the 1st Personnel Command (Germany) ordering the applicant to active duty, from retired status for the period 2-13 November l987.  This recall was in connection with a simulated full-mobilization test of the United States Army Europe’s Retiree Recall Plan.  A Certificate of Achievement, dated 6 November 1987, was issued by the 
26th Support Group, which attested to the applicant’s participation in the test recall program.  

6.  Section 070101 of the Department of Defense (DoD) Financial Management Regulation, Volume 7B, chapter 7, states, in pertinent part, that a retiree is not entitled to retired pay upon recall to active duty.  However, on release from active duty, a retiree is entitled to credit the additional time served on active duty for recomputation of his or her retired pay.  

CONCLUSIONS:

1.  The applicant’s military records show that he was retired from the Army on 
30 November 1982, with credit for 25 years, 10 months and 20 days active service and service for pay.

2.  The Board notes that the applicant was recalled from retirement for 12 days active duty between 2-13 November 1987.  Therefore, in accordance with Volume 7B, chapter 7 of the DoD Financial Management Regulation, he is entitled to have his service for retired pay adjusted to add 12 additional days, for a total of 25 years, 11 months and 2 days.  

3.  However, there are no provisions in Army or DoD regulations for adjustment of the retirement date once a service member is retired.  
4.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned received 12 days additional active duty service credit for the period 2-13 November 1987, and that his service credit for retired pay is increase to 25 years, 11 months and 2 days in accordance with DoD Financial Management Regulation, Volume 7B, chapter 7.  

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__cmf___  __emw__  __jpi____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Calvin M. Fowler__
		        CHAIRPERSON

INDEX

CASE ID	AR1999030964	
SUFFIX		
RECON		
DATE BOARDED	20000706	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	DASA	
ISSUES         1.	128.14	
2.		
3.		
4.		
5.		
6.