ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                  IN THE CASE OF:  

                  BOARD DATE:  26 September 2019

                  DOCKET NUMBER:  AR2019001337

APPLICANT REQUESTS:  retirement pay at 21 years versus 20 years of service.

APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

*	DD Form 149 (Application for Correction of Military Record) 
*	retirement orders
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	self-authored letter
*	letter from Defense Finance and Accounting Service (DFAS)

FACTS:

1.  The applicant did not file within the 3 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 application and self-authored letter, states:

*	he served 20 years and 8 months and should be credited for 21 years for pay 
purposes
*	he is being paid for 20 years of service
*	a period of over 6 months served is credited for a full year
*	he served over 20 and a half years
*	he was aware of the situation when he retired but thought the amount to be small
*	his is requesting a reconsideration of the DFAS memorandum to change his 
retirement pension
*	he requested the change two years ago from DFAS

3.  The applicant provides the following documents for the Board's consideration:

*	Orders 102-15 published by 379th Personnel Service Company, dated 
1 May 1980 honorably retiring the applicant effective 31 May 1980
*	his DD Form 214 which shows his net service this period as 5 months and                    
24 days and his previous active service as 20 years, 2 months, and 27 days
*	a letter from DFAS, dated 4 May 2019 which states they were unable to process 
his request because correction of record must be initiated through his branch of 
service

4.  The applicant's service records contain the following documents for the Board's 
consideration:

*	a DA Form 3713 (Data for Retired Pay) showing he had 20 years, 8 months, and 
22 Days of active service and he attained 20 years on 9 September 1979
*	a DA Form 2339 (Application for Voluntary Retirement) showing he had 20 years, 
8 months, and 23 days of Active Federal Service
*	a DD Form 214 (Correction to DD Form 214), dated 27 June 1980 correcting his 
DD Form 214 to show he retired
*	a Certification of Military Service, dated 18 June 1996 showing he was in the 
Regular Army from 9 September 1959 through 5 December 1979 

5.  The analyst of record did a thorough review of the official guidance and regulations 
for the applicant's retirement year of 1980.  There was no evidence found to indicate a 
Soldier retiring with more than 20 years and 6 months would be paid at the 21 years of 
service rate.

6.  An email from DFAS states the Project Management Division was not able to find 
any evidence for rounding up service for the applicant's retirement year of 1980.

7.  The military pay table for 1980 shows a Soldier received Monthly Basic Pay for over 
20 years of service.  The next increase in Monthly Basic Pay is for Soldier's who have 
more than 22 years of service.  There was not a category for Soldier's who have more 
than 21 years of Service.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the 
requested relief is not warranted.  The Board agreed that, in the absence of official 
policy supporting the applicant's request, there is no basis upon which to correct the 
record to credit him with 21 years of service for pay purposes.  











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.  
 

ABCMR Record of Proceedings (cont)		AR2019001337
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