| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. Mark D. Manning | Member | |
| Ms. Regan A. Smith | Member |
APPLICANT REQUESTS: That his pay entry basic date (PEBD) be changed from 16 September 1980 to 5 September 1980.
APPLICANT STATES: That he took his physical examination on 4 September 1980 and was scheduled to enlist on 5 September 1980; however, his paperwork was lost and it was not until 16 September 1980 that the paperwork was located and he was allowed to enlist. He further states that at the time of his enlistment, he was led to believe that he would be eligible to receive Retired Pay at the rate of 50% of the highest grade he held; however, he has since learned that because he enlisted after 8 September 1980, he would only be entitled to receive 50% of the average of his last 3 years of enlistment. Accordingly, since the delay in his enlistment was through no fault of his own, he should have his PEBD adjusted to 5 September 1980, the date he was originally scheduled for enlistment.
EVIDENCE OF RECORD: The applicant's military records show:
On 8 March 1980, the applicant’s recruiter in Chicago, Illinois submitted an application for verification of the applicant’s birth to the Illinois Department of Vital Statistics. On 3 September and 4 September 1980 he underwent medical and physical processing in connection with enlistment.
On 16 September 1980, he enlisted in the United States Army Reserve (USAR) for a period of 6 years under the Delayed Entry Program (DEP). On 6 November 1980, he enlisted in the Regular Army for a period of 3 years, training as a combat engineer and assignment to the 2d Armored Division. He completed his training and remained on active duty through a series of continuous reenlistments. He was promoted to the pay grade of E-8 on 1 October 1996 and was selected for promotion to the rank of sergeant major in February 2001.
A review of the applicant’s Official Military Personnel File (OMPF) fails to show any indication that he was scheduled to enlist any earlier than 16 September 1980. While there are documents related to processing him for enlistment that are dated prior to 16 September 1980, none of those documents suggest that he was to be enlisted earlier than he did.
In the processing of this case a staff advisory opinion was obtained from the Total Army Personnel Command (PERSCOM), which opined, in effect, that there was no basis to back date the applicant’s service dates to a period in which he had not served. The opinion was provided to the applicant for comment and he responded to the effect that the evidence of record clearly bears out that he should have been enlisted on 5 September instead of 16 September 1980 and that because his enlistment packet was lost, he is being penalized.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. While the Board understands the basis for the applicant wanting to adjust his PEBD, neither the evidence submitted with his application nor the evidence of record show that he was scheduled for enlistment any earlier than the date of his USAR DEP enlistment.
3. Notwithstanding the absence of evidence to show that he was scheduled for enlistment at an earlier date, the Board also notes that enlistment is a volitional act that can only be accomplished by individuals who take an oath and sign the appropriate contracts. Accordingly, until such time as the contracts and oaths have been accomplished, service is not commenced. To grant the applicant additional service prior to completion of the necessary regulatory requirements, would be affording the individual concerned a benefit that is not afforded to other soldiers in the same situation and would amount to unfair compensation for services not rendered.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__sac___ ___mdm _ __rks ___ DENY APPLICATION
| CASE ID | AR2001057452 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/12/13 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 227 | 112.0500/ENL DATE |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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