ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 February 2020 DOCKET NUMBER: AR20180003562 APPLICANT REQUESTS: recalculation of his final Leave and Earnings Statement (LES) prior to his Expiration Term of Service (ETS) from active duty as a Sergeant (SGT)/ E-5. APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Forms 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * LES for 1 through 31 January 1990 * Precomputation Statement FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records 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, in his two applications, states during out processing at Fort Dix, New Jersey, his last LES before his ETS from active duty was computed at the pay grade E-3 instead of his pay grade of E-5. Once his records are reviewed, the Board will see his claim is correct. He just turned 60 years old and was looking forward to his first retirement payment (after his service in the Army National Guard). He was going through old paperwork when he discovered the problem (from when he was in the Regular Army). He could use the extra money at this time because he lives check to check. 3. The applicant's service records contain: Orders, published by US Army Human Resources Command, dated 5 June 2017, which show the applicant was placed on the retired list effective 14 August 2017 in the rank of Sergeant (SGT)/ E-5. 4. The applicant’s service records are void of documentation reducing him to Private First Class/ E-3 and is void of a copy of his DD Form 214. 5. The applicant provides the following documents for the Board's consideration: a. A DD Form 214, which shows the applicant was discharged from the Army on 22 February 1990 in the rank of SGT for ETS after serving 12 years in the Regular Army. b. An LES from 1 through 31 January 1990 paid by the US Army, which shows: * he was in the pay grade of E-5 * his basic pay was $1,366.80 * his basic allowance for quarters (BAQ) was $252.30 * his Cost of Living Adjustment (COLA) was $145.20 * his Overseas Housing Allowance (OHA) was $18.93 * this was the applicant’s last LES before he ETS and that no mid-month payment will be issued for February c. A precomputation statement, dated 22 February 1990, which shows: * his pay grade as E-3 * his basic pay was $705.54 * his BAQ was $214.50 * his COLA was $93.60 * his OHA was 12.60 5. The analyst of record contacted Defense Finance Accounting Service (DFAS) regarding the applicant's separation pay in 1990. DFAS has no information regarding the applicant's separation pay. 6. See below for applicable references. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, his DD form 214 and his last JUMPS LES reflecting SGT, the rank (PFC) reflected on the precomputation statement and the rank (SGT) shown on the applicant’s retirement orders. The Board was unable to determine the purpose or impact of the pre-computation statement on the applicant’s separation pay and the applicant provided no evidence to support a shortfall in pay. Based on a preponderance of evidence, the Board determined that there was no error or injustice. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. REFERENCE: 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. 2. The military pay table for 1990 shows an E-5 with over 12 years of service had a basic pay of $1,318.50. There is not a calculation for an E-3 over 12 years of service. The last payment for an E-3 on the pay chart is for over 4 years of service at $962.10. BAQ without dependents for an E-5 was 273.60 for an E-3 it was 215.70. There was no information contained on the pay chart for COLA. 3. Army Regulation 37-104-4 (Military Pay and Allowances Policy and Procedures - Active Duty Component, states the separations clerk will process a separation transaction against the MMPA of all soldiers transitioning from active duty whether for normal expiration terms of service (ETS), retirement, or an early transition. DJMS-AC will suspend the pay of a soldier upon reaching the ETS reflected on the MMPA, but does not separate the account. Special emphasis must be given to accounts of soldiers who transition prior to the ETS on the MMPA. The FO/DAO must process the separation transaction as soon as possible after notification of the early transition in order to posture the MMPA for the final payment and prevent possible overpayments to the soldier. ABCMR Record of Proceedings (cont) AR20180003562 3