2.  The applicant requests, in effect, that her oath of office dated 8 July 1983 be voided, that her pay entry basic date (PEBD) be corrected to reflect 6 September 1980, and that she be paid all retroactive pay and allowances from that date.

3.  The applicant states, in effect, that she took an oath of office for appointment as a USAR second lieutenant on 6 September 1980, the day she was accepted in the Health Profession Scholarship Program (HPSP).  Once she finished her training, she was required to take another oath on 8 July 1983.  She entered active duty on 5 October 1983 and her PEBD was established as the same date.  She goes on to state that she later discovered that her peers were being paid more than she was because their PEBD was established as the date they originally took their oaths of office.  When she inquired as to why there was a disparity she was told to let it drop.  She further states that she again pursued the issue and in May 1988 her PEBD was changed to 6 September 1980.  However, she did not receive all of the back pay and allowances that she should have received from her initial entry on active duty.  She also states that she submitted a claim against the government to the Defense Finance and Accounting Service at the time of her separation but has not received an answer.

4.  The applicant was appointed as a USAR second lieutenant on 6 September 1980 and accepted for appointment in the USA Health Professions Scholarship Program on the same day.

5.  On 8 July 1983 she again took another oath of office as a USAR first lieutenant.  She entered active duty on 5 October 1983 in the rank of captain and remained on active duty until she was honorably released from active duty upon the expiration of her term of service on 5 April 1988.  Thereafter, she was transferred to a USAR Troop Program Unit in Seattle, Washington.

6.  The applicant’s leave and earning statement for the month of March 1988 indicates that her PEBD was changed to 6 September 1980 and that some of her back pay and 
allowances were paid to her at that time.  However, it appears that the adjustments were made for a retroactive period of 6 months instead of paying her from October 1983.

7.  In the processing of this case, a staff advisory opinion was obtained from the Office of the Chief, Army Reserve which opined that the applicant’s PEBD should be corrected to reflect 6 September 1980 and that payment of all lost pay and allowances be authorized.

CONCLUSIONS:

1.  The applicant was originally appointed as a USAR second lieutenant on 6 September 1980 and there is no evidence to show that her appointment was terminated prior to her call to active duty.

2.  The Board notes that it is not feasible to order an individual to active duty when they have no status; therefore, it is reasonable to presume that the second oath of office was unnecessary and should be voided.  As it stands, the applicant was unjustly denied benefits based on her USAR service prior to entry on active duty that she was otherwise eligible to receive.  

3.  Accordingly, the applicant’s records should be corrected to reflect her PEBD as 6 September 1980, the date of her original USAR appointment.  Additionally she should receive all benefits to which she is entitled as a result of the adjustments. 

4.  In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:                 

	a.  by voiding the Oath of Office - Military Personnel (DA Form 71) of the individual concerned dated 8 July 1983 and replacing it with the DA Form 71 dated 6 September 1980;

	b.  by correcting her PEBD to reflect 6 September 1980; and

	c.  by reimbursing her for all monies and benefits to which she may be entitled based on the aforementioned corrections.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON