IN THE CASE OF: BOARD DATE: 4 January 2023 DOCKET NUMBER: AR20220000729 APPLICANT REQUESTS: correction of records to: a.Amend his Orders 162-0027, dated 11 June 2013 to show in: Disability Retirement: 20 years, 0 months, and 7 days vice 18 years,10 months, and 16 days Section 1405: 22 years, 11 months, and 27 days vice 18 years, 10 months,and 16 days Basic Pay: 30 years, 4 months, and 3 days vice 29 years, 6 months, and 16days b.Correct his DD Form 214 (Certificate of Release or Discharge from Active Duty)ending on 28 August 2013 to reflect in item 12d (Total Prior Active Service) 20 years, 0 months and 7 days, vice 2 years, 10 months, and 0 days. c.All back pay and allowances, as a result of the corrections to his record. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) Personal statement DA Form 1506 (Statement of Service) dated 25 August 2021 FACTS: 1.The applicant did not file within the three-year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file. 2.The applicant states upon his retirement in 2013, he left under the assumption givento him by all the checkpoints for out-processing, that everything was correct when itcame to his retirement documents. Upon leaving the service, he realized the paperworkwas wrong and he has been trying to get it corrected ever since. a. He has been trying to get his paperwork corrected for almost eight years. Hereached out to the U.S. Army Human Resources Command (HRC) and was told to send an email to request a recalculation, which he did. However, he kept getting a difference response, but no solution. b. In 2017, he was diagnosed with throat cancer and received two years of radiation treatment, and he still tried to get his issues resolved with HRC to no avail. In 2019, he was finally able to get his years of active-duty service recalculated by Chief of HRC, in the form of his DA Form 1506. This document reflects his 20 years of active-duty service time. However, due to his retirement orders being issued by Fort Irwin, CA, HRC could not amend the orders. 3.A review of the applicant's service record shows:a.He enlisted in the U.S. Army Reserve under the Delayed Entry Program. He was discharged from the DEP and enlisted in the Regular Army on 31 August 1983. He was released from active duty on 30 June 1986 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). His DD Form 214 shows he completed 2 years and 10 months of active service, with 4 months and 5 days of prior inactive service. b.On 21 October 1986, U.S. Army Reserve Personnel Center, St. Louis, publishedOrders C-10-047703 reassigning the applicant from the USAR Control Group (Reinforcement) to 129th Transportation Company (Heavy Truck), Osage City, KS, a troop program unit (TPU) of the USAR, effective 28 October 1986. c.He continued to serve/drill with his TPU unit, 129th Transportation Company,throughout Anniversary Years April 1986 to April 1987, April 1987 to April 1988, April 1988 to April 1989, and April 1989 to April 1990. d.On 10 February 1990, he extended his Reserve enlistment by 1 year. e.He entered active duty on 27 September 1990. He served in Southwest Asia from23 November 1990 to 25 April 1991. He was honorably release from active duty on 7 June 1991. A DD Form 214 for this period is not available; however, a DD Form 215, issued on 16 April 1992, corrected the missing DD Form 214 to add his Southwest Asia service, unit, associated awards, and other administrative entries. The applicant provides Leave and Earning Statements confirming his dates of active service/deployment. f.His USAR discharge orders are not available for review. However, other evidence(DA Form 5016, Chronological Statement of Retirement Points) shows he was discharged from the USAR on 12 August 1997. g.On 13 August 1997, he enlisted in the Regular Army for 3 years. He reenlisted (orextended his enlistment) on 13 August 1999, 10 July 2000 (extended), 29 November 2001, 9 January 2004, and 2 January 2007. h.He entered the disability evaluation system and was found physically unfit. Aphysical evaluation board recommended his placement on the temporary disability retired list (TDRL). i.On 11 June 2013, Headquarters, National Training Center, Fort Irwin publishedOrders 162-027 retiring him on 28 August 2013 and placing him on the TDRL on 29 August 2013. The orders state: Disability retirement: 18 years, 10 months, 16 days Section 1405: 18 years, 10 months, 16 days Basic Pay: 29 years, 6 months, 16 days j.He retired on 28 August 2013 due to disability and he was placed on thetemporary disability retired list (TDRL). His DD Form 214 shows: he completed 16 years and 16 days of active service during this period he had 2 years and 10 months of prior active service he had 10 years and 8 months of prior inactive service. k.On 24 March 2015, following a medical examination, a TDRL PEB determined heremained unfit, and his disposition would be permanent disability at a combined rating of 70%. l.On 3 April 2015, the U.S. Army Physical Disability Agency published ordersremoving him from the TDRL and permanently retiring him due to disability on 3 April 2015 at a disability rating of 70%. 4.The applicant provides a DA Form 1506, dated 25 August 2021, created by Chief A- A-, which reflects the following information:Delayed Entry Program: 26 April 1983 to 30 August 1984: 4 months and 5 daysRegular Army (RA): 31 August 1983 to 30 June 1986: 2 years and 10 monthsU.S. Army Reserve (USAR) Not on Active Duty (AD) (Troop Program Unit (TPU):1 July 1986 to 26 September 1990: 4 years, 2 months, and 26 daysUSAR on AD: 27 September 1990 to 7 June 1991: 8 months and 11 daysUSAR Not on AD (TPU): 8 June 1991 to 12 August 1997: 6 years, 2 months, and5 daysRA: 13 August 1997 to 28 August 2013: 16 years and 16 daysTotal Creditable Service (Years): 30 years, 4 months and 3 days 5.Based on his enlistment contracts, DD Forms 214, and DA Form 1506:a.The applicant completed three periods of active service: 31 August 1983 to30June 1986 (2 years and 10 months); 27 September 1990 to 7 June 1991 (8 months and 11 days) and 13 August 1997 to 28 August 2013 (16 years and 16 days): total active service 19 years, 6 months, and 27 days (Disability Retirement). b.The applicant completed several periods of inactive service: DEP, 26 April 1983to 30 August 1984 (4 months, 5 days), USAR TPU 1 July 1986 to 26 September 1990 (4 years, 2 months, 26 days), USAR TPU, 8 June 1991 to 12 August 1997 (6 years, 2 months, and 5 days), for a total of 10 years, 9 months, and 6 days inactive service. c.The applicant’s 19 years, 6 months, and 27 days of active service plus his10 years, 9 months, and 6 days of inactive service, for a total of 30 years, 4 months, and 3 days of total service for pay. d.He retired on 28 August 2013 due to disability and he was placed on the TDRL.His DD Form 214 for this period shows he completed 16 years and 16 days of active service during this period, with 2 years and 10 months of prior active service, and 10 years and 8 months of prior inactive service. [He actually completed 3 years, 6 months, and 11 days of prior active service consisting of 2 years and 10 months (31 August 1983 to 30 June 1986) and 8 months and 11 days (27 September 1990 to 7 June 1991). 6.1405 Time (Title 10, U.S. Code, section 1405) is IDT points earned while a memberof the Reserve Component that is used to increase the multiplier of a Regularretirement. It may only be used after acquiring 20 years of active service. It will not beused to create 20 years of active service, except for medical retirements. 1405 pointscan be added only up to the maximum IDT points allowed per year.7.On 31 March 2022, an advisory opinion was obtained from the U.S. Army HumanResources Command (HRC), in which they state they are unable to make adetermination on whether the applicant’s Orders 162-0027 is correct. However, theyprovide a Statement of Service for Computation of Length of Service for Pay Purposesshowing all of his military service.8.The applicant was provided a copy of the advisory opinion with an opportunity torespond. On 18 April 2022, he responded and states, in part:a.HRC response states, “They are not certain’ of my actual time in service nor arethey certain if my exit orders from Fort Irwin CA (162-0027) are correct or not.” This statement is factually untrue. “HRC also attached the old copy of my [DA Form] 1506 before it was amended instead of my updated [DA Form] 1506 which reflects my actual time in service along with the points break down they have been given to prove my actual time in service.” b. In 2013, he retired and after exiting TDRL, his retirement benefits were immediately stopped due to a ‘paperwork glitch’ where it now showed he did not have enough time in service to receive those benefits he had earned. He started calling HRC customer service to get help having his service time re-computed as it was incorrect and was stopping him from receiving his earned benefits. HRC refused to do so for years at every occasion he tried. c. He then started seeking out outside assistance when he found CW4 (Deputy Branch Chief HRC) who spent many weeks working with him and his family looking at HRC paperwork on file, getting all missing documents from him proving time in service. He went through it with a fine-tooth comb and finally concluded that his paperwork on file with HRC was in fact incorrect and that his paperwork should reflect 20 years 7 days Active Duty service and 11 years Army Reserves. He then sent all copies of all paperwork he submitted to him along with his point breakdown of service computation and a directive to amend his [DA Form] 1506 to state his correct time in service which they did. He was advised by CW4 to submit the paperwork to the Army Board of Correction to get 2 pages updated to match his newly updated [DA Form] 1506 which is what he filed to have done with the Army board of correction. d. HRC has the full breakdown of Chief A-‘s findings as he submitted them to HRCfor the correction of his [DA Form] 1506 which they updated upon receiving it. DFAS cannot and will not start the proceedings to remit payment for his retirement until his exit orders from Fort Irwin (162-0027) and his DD [Form] 214 are corrected to match his updated [DA Form]1506 with corrected time in service. e. He does not understand how they can state ‘we are [not] certain’ as that literally translates to “I don't know” which has never in his 31 years of honorable service to the US Army, been an acceptable answer at any level, let alone something as important as a Veterans right to receive the retirement they spent their entire lives earning through service. He asks the Board to amend his exit orders from Fort Irwin (162-0027) and his DD [Form] 214 to match his newly updated [DA Form] 1506 with correct time in service. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of theapplicant’s petition, available military records, the Board determined there was sufficient evidence that an error occurred with the calculation of the applicant’s separation orders. The Board determined the applicant’s separation orders should be amended. 2.The orders should be amended to read: Disability Retirement: 20 years, 0 months, and 7 days vice 18 years,10 months, and 16 days Section 1405: 22 years, 11 months, and 27 days vice 18 years, 10 months,and 16 days Basic Pay: 30 years, 4 months, and 3 days vice 29 years, 6 months, and 16days and his DD Form 214 ending on 28 August 2013 to reflect in item 12d (TotalPrior Active Service) 20 years, 0 months and 7 days to include any back payand allowances, as a result of the corrections to his record thru DFAS 3.Based on this, the Board granted partial relief, to correct the applicant’s separation Orders through U.S. PDA and NTC, Ft. Irwin transition center. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1.The Board determined the evidence presented is sufficient to warrant arecommendation for partial relief. As a result, the Board recommends that allDepartment of the Army records of the individual concerned be corrected by amendinghis separations order (Order 162- 0027, dated 11 June 2013, to read 1.Disability Retirement: 20 years, 0 months, and 7 days vice 18 years,10 months, and 16 days2.Section 1405: 22 years, 11 months, and 27 days vice 18 years, 10 months,and 16 days3.Basic Pay: 30 years, 4 months, and 3 days vice 29 years, 6 months, and 16days4.and his DD Form 214 ending on 28 August 2013 to reflect in item 12d (TotalPrior Active Service) 20 years, 0 months and 7 days to include any back payand allowances, as a result of the corrections to his record thru DFAS. Microsoft Office Signature Line... 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, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice. This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3-year statute of limitations if the Army Board forCorrection of Military Records (ABCMR) determines it would be in the interest of justiceto do so. 2.Title 10 U.S.C., Section 1405 (Computation of Retired Pay – Years of Service),states: a.For the purposes of the computation of the years of service of a member of theArmed Forces under a provision of this title providing for such computation to be made under this section, the years of service of the member are computed by adding - (1)His years of active service. (2)The years of service, not included in clause (a), with which he was entitled tobe credited on May 31, 1958, in computing his basic pay; and (3)The years of service, not included in clause (a) or (b), with which he would beentitled to be credited under section 12733 of this title if he were entitled to retired pay under section 12731 of this title. b.Fractional Years of Service—In determining a member’s years of service undersubsection (a)— (1)each full month of service that is in addition to the number of full years ofservice creditable to the member shall be credited as 1/12 of a year; and (2) any remaining fractional part of a month shall be disregarded. c.Exclusion of Time Required To Be Made Up or Excluded.— (1)Time required to be made up by an enlisted member of the Army, Air Force,or Space Force under section 972(a) of this title, or required to be made up by an enlisted member of the Navy, Marine Corps, or Coast Guard under that section with respect to a period of time after October 5, 1994, may not be counted in determining years of service under subsection (a). (2)Section 972(b) of this title excludes from computation of an officer’s years ofservice for purposes of this section any time identified with respect to that officer under that section. 3.Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed theseparation documents that must be prepared for Soldiers upon retirement, discharge, orrelease from active duty service or control of the Active Army. It establishedstandardized policy for preparing and distributing the DD Form 214. The DD Form 214is a summary of the Soldier's most recent period of continuous active duty. It provides abrief, clear-cut record of all current active, prior active, and prior inactive duty service atthe time of release from active duty, retirement, or discharge. The information enteredthereon reflects the conditions as they existed at the time of separation. The generalinstructions stated all available records would be used as a basis for preparation of theDD Form 214. The specific instructions for: Item 12a, enter the beginning date of the continuous period of active duty forissuance of this DD Form 214, for which a DD Form 214 was not previouslyissued Item 12b, enter the Soldier’s transition/separation date Item 12c, enter the amount of service this period, computed by subtracting item12a from 12b (less time lost) Item 12d, enter the total amount of prior active military service less time lost, ifany //NOTHING FOLLOWS//