SUPPLEMENTAL PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            1 March 2000
	DOCKET NUMBER:   AR1999033335

	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 10 February 1999 were affirmed in part.  The following corrected findings, conclusions, and recommendation were adopted by the Board.

	Mrs. Nancy Amos		Analyst	

	The Board convened at the call of the Director on the above date to reconsider the conclusions and recommendation appearing in proceedings dated 10 February 1999.

	Mr. George D. Paxson		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. John Saputo		Member	

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

	The Board considered the following additional evidence:

	Exhibit 

THE BOARD ADDITIONALLY FINDS:

11.  On 7 September 1999, the Retirement and Separations Branch, U. S. Total Army Personnel Command provided a corrected copy (prepared on 27 June 1997) of the Department of the Army (DA) Form 7301-R, Officer Service Computation for Retirement calculating the applicant’s retired pay.  This form was prepared after the applicant’s retirement on 1 June 1997, includes his service in the Simultaneous Membership Program (SMP) and apparently was not filed in the Official Military Personnel File available to the Board at the time of its original decision.

12.  The corrected DA Form 7301-R shows the applicant had a total of 3 years,  8 months and 18 days of inactive service (including his SMP time) and 15 years, 1 month and 6 days active service (including the 16 days he performed annual training while in the SMP).  These are the amounts of active and inactive service shown on his DD Form 214 and retirement orders. 

13.  Based on the unavailability of the corrected DA Form 7301-R at the time of the Board’s original decision, the Board miscalculated the applicant’s inactive service and inadvertently added his SMP service to his creditable service for basic pay a second time.  The Board added his 1 year, 9 months and 4 days SMP service to the 18 years, 9 months and 24 days shown on his DD Form 214 and retirement orders not realizing that that period of time had already been included in calculating that he had 18 years, 9 months and 24 days of service for basic pay.

14.  In addition, the Special Interest Section, Retired Pay Branch, Defense Finance and Accounting Service – Cleveland (DFAS-CL), has advised the Board that the applicant’s retired pay is governed by Military Pay Table Pay Bill 39, 1 January 1997, which calculates his early retirement pay based on a maximum of 14 years of active service.  DFAS-CL advised that while he has and shall continue to receive cost of living adjustments, his early retirement status locked in his basic pay for calculation purposes at the 14-year service mark and that will not be changed by the Board’s increase or decrease of his service for basic pay as long as any changes do not reflect his service for basic pay at less than 14 years.

THE BOARD ADDITIONALLY CONCLUDES: 

6.  At the time of the Board’s 10 February 1999 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 at the time he retired.  It was not the intent of the Board to give the applicant double service credit for the time he served in the SMP.

7.  In view of the additional factors in this case, the applicant is not entitled to correction of his record to show he was retired with 20 years, 6 months and      26 days of service for basic pay.  The service for pay shown on his DD Form 214 and his retirement orders, 18 years, 9 months and 24 days, was correct and did reflect his service in the SMP.

8.  In addition, DFAS-CL has confirmed that this reversal of the Board’s original decision will not affect the applicant’s retired pay in any manner.

9.  In view of the foregoing findings and conclusions, it would be in the interest of justice to correct the applicant’s records as recommended below.

THE BOARD RECOMMENDS:

1.  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 10 February 1999, to show that the applicant did not retire with 20 years, 6 months and 26 days of service for basic pay and that his DD Form 214 and retirement orders are correct as issued.  

2.  DFAS will not be instructed to pay him back active duty pay and allowances for the period 23 September 1996 – 31 May 1997 because that would be contrary to Pay Bill 39, 1 January 1997 under which his early retirement pay was calculated.  His retired pay will not be increased nor will he receive any back retired pay that would have been due solely to the corrections previously directed by the Board.

BOARD VOTE:

__gdp___  __mmd___  __js____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

						George D. Paxson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999033335	
SUFFIX		
RECON		
DATE BOARDED	20000301	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.14	
2.		
3.		
4.		
5.		
6.