IN THE CASE OF:  

		BOARD DATE:  3 January 2020

		DOCKET NUMBER:  AR20170006392


APPLICANT REQUESTS: in effect, to see if his retirement is correct.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Letter from Defense Finance Accounting Service (DFAS)
*	Leave and Earning Statement (LES)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code, section 1552(b); however, the ABCMR conducted a substantive review of 
this case and determined it is in the interest of justice to excuse the applicant's failure to 
timely file.

2.  The applicant states, he called finance because he did not receive his tax forms.  
While on the phone with the DFAS representative, he inquired about the amount of 
years he was being paid for.  She informed him that he was being paid for 20 years and 
8 days of service, but he knows he has over 26 years of service when he retired.  So he 
is inquiring to see if his retirement is correct.  He always thought he was being paid 60% 
of 24 years of service, but he is only getting 50% of 20 years. He inquired because his 
daughter retired 14 years after him, at the same rank, with 20 years.  She told him how 
much she makes and he felt that he wasn’t making the proper amount.

3.  The applicant provides:

	a.  Letter from DFAS, dated 17 February 2017, which stated they are unable to 
process his request because any correction of record must be initiated through his 
branch of service.  Changes to retirement factors are considered to be a correction of 
military records under the provisions of Title 10 of the United States Code, Chapter 79, 
and Sections 1551 through 1557.

	b.  Leave and Earning Statement, dated 1 May 1991, which state that he received 
$1286.83 a month for retirement in 1991.
4.  A review of the applicant’s service record shows:

	a.  He enlisted on 12 January 1965 in the Regular Army (RA).

	b.  He was honorably transferred to the United States Army Reserve (USAR) on  
19 October 1966.  He had 1 year, 9 months and 8 days of active service.

	c.  He enlisted on 24 November 1970 in the RA.  He was honorably discharged on 
15 June 1971 under the provision of Army Regulation (AR) 635-200 (Personnel 
Separations – Enlisted Personnel) for immediate reenlistment.

	d.  He was honorably discharged on 13 June 1975. 

	e.  He enlisted in the RA on 17 January 1977.  He was honorably discharged on  
21 March 1979.  He had 12 years, 7 months, and 10 days of total service for pay.

	f.  He subsequently enlisted in the New Jersey Army National Guard (NJARNG), and 
was ordered to active duty on 20 March 1982.  He was honorably discharged on  
3 October 1983.  He had 13 years, and 27 days of active service, and 4 years and 22 
days of inactive service.

	g.  He enlisted in the RA on 1 May 1987.  He was honorably retired on 30 April 1991 
under the provision of AR 635-200 for length of service.  He had 20 years and 8 days of 
active service, and 4 years, 8 months, and 5 days of inactive service.

	h.  On 30 August 1990, a DA Form 3713 (Data for Retired Pay) was completed for 
the applicant which reflects in:

*	item 3 (Retired Grade), staff sergeant (SSG)/E-6
*	item 22 (Voluntary Retirement), 20 years and 8 days
*	item 29 (Basic Pay), 24 years, 8 months, and 22 days
*	item 36 (Remarks), Soldier attained 20 years active Federal Service on  
22 April 1991

i.  On 30 August 1991, a DA Form 2339 (Application for Voluntary Retirement) was 
completed and signed by the applicant and reflects in:

*	item 16 (Total Active Service Creditable for Retirement), 20 years and  
5 days
*	item 17 (Total Inactive Service Creditable for Basic Pay Only), 4 years,  
8 months, and 17 days
*	item 18 (Total Service for Basic Pay Purposes), 24 years, 8 months, and  
22 days
	j.  On 14 August 1996, he was notified that in order to be eligible for advancement 
on the retired list, a member's active service plus retired service must total 30 years.  
Time spent in a Reserve Component, other than Active Duty prior to your placement on 
the Army of the United States Retired List, may not be credited toward advancement.  
He retired on 1 May 1991 with 20 years, 00 months and 08 days active military service.

	k.  On 21 May 2001, he was notified that the Army Grade Determination Review 
Board (AGDRB) determined the highest grade in which he served satisfactorily for the 
purpose of computation of retired pay was E-7.  The date he became eligible for 
advancement on the retired list will be determined by the Army Reserve Personnel 
Command.

5.  By regulation AR 37-104-1, any enlisted member of the Army who has completed a 
minimum of 20 but less than 30 years of service may, upon request, be transferred to 
the retired list.  Retired pay is computed on the basis of 2½ percent of basic pay 
multiplied by the number of years of active service.


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
was not warranted.  The applicant’s contentions were carefully considered.  The Board 
determined pursuant to regulatory guidelines that retired pay is based solely on service 
that is creditable towards retirement.  As such, active duty points are qualifying towards 
retirement pay.  The Board notes that in the case of the applicant, of all his 24 years of 
service, only 20 years were qualifying for pay purposes, with 4 years of inactive service.  
Therefore, the Board found no error or injustice in this case that warranted relief.  


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

: X	:X	:X	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.


		  
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.


REFERENCES:

1.  Title 10, United States 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 ABCMR to excuse an applicant's 
failure to timely file within the 3 year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  Army Regulation (AR) 37-104-1 (Financial Administration - Payment of Retired Pay 
to Members and Former Members of the Army), this regulation:

	a.  Provides statutory provisions of entitlement and establishes Department of the 
Army policy for pay of Army retired personnel and eligible annuitants.  This regulation 
does not prescribe procedures for processing retirement application from Active or 
Reserve status.

	b. Provides information with respect to applicable legislation and interpretations of 
Comptroller general of the United States Decisions for use in assisting retirees and 
members approaching retirement in matters pertaining to their retired pay.

	c. Delegates authority for establishing, maintaining and terminating retired pay and 
annuitant accounts to Commander, U.S. Army Finance & Accounting Center (USAFAC).

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20170006392


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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