PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:  27 June 2000
	DOCKET NUMBER:  AR1999034724

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John M. Slone		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 that he be returned to an Active Guard/Reserve (AGR) status for 7 months to obtain retirement for 22 years Active Federal Service (AFS).

3.  The applicant states that the computations completed for his retirement were incorrect and he was not told that he had less than 22 years AFS until the day of his retirement.

4.  The applicant’s military records show that he was serving in an AGR status in pay grade E-7 when he elected to voluntarily retire.  The request was not submitted in lieu of elimination or reassignment.

5.  The DA Form 2339 (Application for Voluntary Retirement) credits him with 22 years, 4 months, and 24 days service creditable for retirement and 25 years, 4 months, and 24 days service for pay purposes.  The applicant and an authorized official of the separation activity signed the form.

6.  A DA Form 7301-R (Service Computation for Retirement) is also in the available record and shows that the applicant was credited with 22 years, 4 months, and 24 days AFS and 25 years, 4 months, and 24 days total service for pay.  Additionally service computed under Title 10, USC, section 1405, when added to his AFS totals 22 years, 6 months, and 17 days for percentage purposes.

7.  Retirement orders were issued on 16 September 1998 that released the applicant from active duty effective 30 November 1998, and transferred him to the Retired Reserve effective 1 December 1998.  The order shows that this was a voluntary retirement and he was credited with 22 years, 4 months, and 24 days AFS and 25 years, 4 months, and 24 days for pay.

8.  On 30 November 1998, the date of the applicant’s separation from active duty, orders were issued which amended his original retirement order.  This order states that he has only 21 years, 4 months, and 24 days AFS and 24 years, 4 months, and 24 days for pay.  There is no evidence that the applicant was provided the opportunity to amend his retirement request to the date that he would have reached 22 years AFS.

9.  A review of the DA Form 2339 shows that a math error of an additional 1 year occurred when computing his AFS between 1981 and 1998.

10.  There is insufficient information available to determine the applicant’s qualifications for return to an AGR status or the programs need for his skills.

CONCLUSIONS:

1.  Notwithstanding that the applicant was responsible for ensuring the accuracy of his AFS computation, officials of the Department promulgated that error when they issued his retirement orders.  Issuing a correction on the date of his separation provided him no opportunity for recourse.

2.  The Board does not believe that it would be appropriate or necessary to return the applicant to an AGR status at this time.

3.  Based on all the evidence in this case, it appears that it would be in the interest of justice to credit the applicant with such additional AFS to show that he was retired with 22 years and 1 day AFS.  This additional AFS would also entitle him to all pay and allowances for this period, less any retired pay and other employment income, and a corresponding increase in his total service creditable for pay.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case for the individual concerned be corrected by:

	a.  recomputing his total active service creditable for retirement (DA Form 2339) to provide him a release from active duty date equal to 22 years and 1 day AFS;

b.  recomputing his total service for pay and section 1405 service based on the date arrived at from subparagraph a above;

	c.  amending his retirement orders, dated 16 September 1998, to reflect his new date of release from active duty, the new date of placement on the Retired List, and his corrected AFS and service for pay time;

	d.  revoking the amended order , dated 30 November 1998;

	e.  showing that he is entitled to the appropriate active duty pay and allowances, less other offsets for pay received, by virtue of the additional AFS credit; and

f.  showing that he is entitled to a corresponding increase in his retired pay based on this increased AFS, total service for pay and section 1405 service.

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

BOARD VOTE:  

__jl__  ___mm___  __js____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Joann Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR1999034724	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000629	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  136.01	EFFECTIVE DATE	
2.		
3.		
4.		
5.		
6.