AR20150009936

IN THE CASE OF:

BOARD DATE: 30 June 2016

DOCKET NUMBER: AR20150009936

BOARD VOTE:

________ ________ ________ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

_____x___ ____x____ ____x____ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 30 June 2016

DOCKET NUMBER: AR20150009936

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.

______________x____________
CHAIRPERSON

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.

IN THE CASE OF:

BOARD DATE: 30 June 2016

DOCKET NUMBER: AR20150009936

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).

THE APPLICANT’S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests:

a. correction of Orders Number 178-0011, issued by Joint Base Myer Henderson Hall, Arlington, Virginia, on 27 June 2013, to show he was credited with 31 years, 1 month, and 17 days of Section 1405 service an amount that corresponds with his credited basic pay service, and

b. recalculation of the percentage rate utilized to determine his retired pay, based on the additional Section 1405 service credited after the above correction.

2. The applicant contends, in effect, his retired pay is incorrect and does not reflect his 31 years, 1 month, and 17 days of service. He further states:

* he was commissioned as a second lieutenant under a new early commissioning program within the Army; this program has created issues throughout his career
* his year group (YG) changed from YG1982 to YG1983 to YG1985, and finally to YG1984
* after 1982, the statute/regulation was changed to address some of the issues with the initial program
* as an early commissioned officer, he was bound by the statute/regulations of the Army regardless of his active duty status: he was to receive pay-years and retirement and he was to be promoted with time served
* he was essentially in a “snowbird” status (i.e., awaiting a follow-on assignment)
* for the entire time that he received military pay, he was paid for his additional 3 years of service between 1982 and 1985
* upon his mandatory retirement date, the 3 years between 1982 and 1985 were cut from his pay
* he has been unable to have this corrected due to new statutes/regulations that do not apply to his early commissioning
* he has prepared and forwarded a summary of his retired pay account and request for correction to the Defense Finance and Accounting Service (DFAS)
* he has had numerous phone calls over several months with DFAS
* he has received guidance from DFAS and from the U.S. Army Human Resources Command (HRC)
* he was told to either have the issuing office change the Section 1405 service or file a request for correction with the Army Review Board Agency
* he has had several phone conversations with various action officers and the Military Personnel Division (MPD) at Fort Myer
* to date, no follow-up information, guidance, or approval has been provided to him
* he has exhausted all of his administrative remedies to reinstate his over 3years of pay

3. The applicant provides a self-authored letter and documents labeled as enclosures A L:

* Enclosure A DFAS Summary of Retired Pay Account, dated 9July2013
* Enclosure B DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 2013
* Enclosure C Orders Number 178-0011, issued by Joint Base Myer Henderson Hall, Arlington, Virginia, on 27 June 2013
* Enclosure D Orders Number 178-0010, issued by Joint Base Myer Henderson Hall, Arlington, Virginia, on 27 June 2013
* Enclosure E Orders Number 101-0005, Joint Base Myer Henderson Hall, Arlington, Virginia on 11 April 2013
* Enclosure F Standard Form 180 (Request Pertaining to Military Records), dated 26December 2013
* Enclosure G Orders Number A-05-005854, issued by the U.S. Army Reserve (USAR) Components Personnel and Administration Center, St. Louis, Missouri on 20 May 1985
* Enclosure H appointment memorandum, dated 14 May 1982
* Enclosure I DA Form 71 (Oath of Office), dated 14 May 1982
* Enclosure J Orders Number 10-1, issued by the U.S. Army Third Reserve Officers’ Training Corps (ROTC) Region, Senior Program, University of Arkansas, on 13 May 1982
* Enclosure K DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 25 August 1980
* Enclosure L DA Form 597 (Army Senior ROTC Student Contract), dated 26September1980

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the USAR on 25 August 1980, as a cadet in the ROTC program. He was discharged from the USAR Control Group (ROTC) on 13 May 1982 and was appointed as a Reserve commissioned officer of the Army on 14 May 1982.

2. On 30 May 1985, he entered active duty and continued to serve until he was retired on 30 June 2013.

3. Orders Number 178-0011, issued by Joint Base Myer Henderson Hall, Arlington, Virginia, on 27 June 2013, show he was credited with 31 years, 1month, and 17 days of service for pay; however, he was credited with only 28years, 1 month, and 1 day of Section 1405 service.

4. The applicant was retired on 30 June 2013.

a. Item 12c (Net Active Service This Period) of his DD Form 214 shows he was credited with 28 years, 1 month, and 1 day of active service during the period covered by the DD Form 214.

b. Item 12e (Total Prior Inactive Service) of his DD Form 214 shows he was credited with 3 years and 16 days of prior inactive service.

5. His record contains a DA Form 1506 (Statement of Service For Computation of Length of Service for Pay Purposes), which shows he was in an inactive status from 11 May 1982 to 29 May 1985, computed as 3 years and 19days.

6. A DA Form 5016 (Chronological Statement of Retirement Points) shows he was credited with 31 years of service towards retirement. However, this same form credits him with 3 years of active duty during the period 14 May 1982 through 13 May 1985, which is not substantiated by any other documentation in the applicant’s record.

7. The applicant’s record is void of any documentation that shows he accumulated service while in an active status, after his date of appointment and prior to his entry on active duty on 30 May 1985, which would qualify him for additional service credit under Section 1405.

REFERENCES:

1. Title 10, U.S. Code (USC), section 1405 (10 USC 1405), provides that for the purposes of the computation of a service member’s years of service, under a provision of Title 10 providing for such computation to be made, the years of service of the member are computed by adding:

a. his or her years of active service;

b. the years of service, not included in clause (1), with which he or she was entitled to be credited on 31 May 1958, in computing his or her basic pay; and

c. the years of service, not included in clause (1) or (2), with which he or she would be entitled to be credited under 10 USC 12733 if he or she were entitled to retired pay under 10 USC 12731.

2. Service computed under 10 USC 1405 includes all active service plus inactive duty service credit permitted under 10 USC 1405. This date is used as the basis for the retired pay multiplier. Service under 10 USC 1405 includes Inactive Duty Training (IDT) points creditable toward retired pay and membership points a Reserve Component member earned prior to being ordered to continuous active duty service (emphasis added). IDT and membership points may only be added to the service member’s final active service total once the retiree has attained 20 years of active service.

3. 10 USC 3991 (Computation of Retired Pay) provides that the monthly retired pay of a service member entitled to such pay under this subtitle is computed by multiplying the members retired pay base by the retired pay multiplier prescribed in section 1409 of this title, for the number of years credited to the member under section 1405 of this title.

DISCUSSION:

1. The applicant contends he had no break in service since he enlisted in 1982 and retired in 2013. He further contends his total Section 1405 service should be increased by 3 years and 16days, thus correcting the multiplier and calculation of his retired pay.

2. The applicant was commissioned on 14May1982; however, he did not enter active duty service until 30May 1985. His DA Form 5016 credits him with three years of active service between 14 May 1982 and 30 May 1985. There is no DD Form 214 to validate this service and by the applicant’s own admission, he was not on active duty during this period. Nor was he in an active Reserve status; therefore, it appears these are incorrect entries on his DA Form 5016.

3. Service under 10 USC 1405 includes IDT points creditable toward retired pay and membership points a Reserve Component member earned prior to being ordered to continuous active duty service. In the applicant’s case, his DA Form 5016 does not credit him with these points; therefore, there is no basis to change the Section 1405 service he was granted at the time of his retirement.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009936

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009936

5

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2