| Mr. Carl W. S. Chun | Director | |
| Mrs. Carolyn G. Wade | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. John P. Infante | Member | |
| Ms. Eloise C. Prendergast | Member |
2. The applicant requests that Items 12d (Total Prior Active Service), 12e (Total Prior Inactive Service), and 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 13 March 2001, be corrected and that his pay be adjusted accordingly.
3. The applicant states his DD Form 214 is incorrect because it does not show his prior active and inactive service. He states, in effect, that he should have been paid at the rate of a Second Lieutenant (2LT/O-1) with enlisted service
(O-1E).
4. In support of his application, the applicant submitted the following documents: DD Forms 214 for the periods of service ending 13 March 2001 and 17 March 1997; an enlistment contract, dated 2 July 1993; a Reserve Officer's Training Corps (ROTC) contract, dated 19 September 1999; a Simultaneous Membership Program (SMP) contract, dated 25 September 1997; Headquarters, Cadet Command, Orders Number 91-5-A-396, dated 31 March 2000, and Orders Number 206-6, dated 24 July 2000; 61st Ordnance Brigade Orders Number 067-1, dated 8 March 2001; a copy of the Oath of Office, dated 18 December 1999; and Second Region (ROTC), U.S. Army Cadet Command Order Number 344-2 discharging him from the US Army Reserve (USAR) ROTC Control Group.
5. The applicant’s military records show that he enlisted in the USAR on 2 July 1993 for a period of 8 years.
6. On 10 July 1996, the applicant was ordered to active duty as a Specialist (SPC/E-4) in support of Operation Joint Endeavor. After completing his required active service, the applicant was honorably released from active duty on 17 March 1997. His DD Form 214 credits him with 8 months and 8 days of active military service for his support of Operation Joint Endeavor and also credits him in Item 12d with 4 months and 1 day of prior active service (presumably for active duty for training) and, in Item 12e, 2 years, 8 months, and 7 days of prior inactive service. Therefore, his total active service as of 17 March 1997 was 1 year and 9 days.
7. On 19 September 1997, the applicant executed an Army Senior ROTC Nonscholarship Cadet Contract. On 25 September 1997, the applicant applied for participation in the ROTC SMP.
8. On 10 December 1999, the applicant was discharged from the USAR ROTC Control Group to accept a commission in the Army of the United States as a 2LT. On 18 December 1999, the applicant executed the oath of office and was commissioned a 2LT, Ordnance Corps.
9. On 1 April 2000, the applicant entered active duty under the Gold Bar Program as a recruiter. The applicant served until he was discharged with a general, under honorable conditions character of service on 13 March 2001, under the provisions of Army Regulation 600-8-24, Paragraph 4-2B and Paragraph 4-24A (1), by reason of unacceptable conduct. He was credited with 11 months and 13 days of active military service. His DD Form 214 for this period of service shows: in Item 12d "00 00 00," in Item 12e "00 00 00," and in Item 12f "00 00 00."
10. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, or release from active duty service, or control of the Active Army. It establishes a standardized policy for preparing and distributing the DD Form 214, which is a summary of a soldier's most recent period of continuous active duty. It provides
a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states that the information placed in items 12d, and 12e comes from previously issued DD Forms 214 and should reflect the total prior active and inactive service; and 12f comes from the ERB/ORB for the current period of service covered on the DD Form 214.
11. The DODFMR stipulates the policy, regulation, and procedures within the area of responsibility of the Under Secretary of Defense. The Regulation is applicable to all DoD Components and consists of 15 volumes, including Volume 7A: Military Pay Policy and Procedures - Active Duty and Reserve Pay. This regulation provides statutory provisions for entitlements, deductions, and collections, and establishes Department of Defense policy on the pay and allowances of military personnel. It is issued by the Under Secretary of Defense (Comptroller) in coordination with the Director, Defense Finance and Accounting Service. It is issued for the information, guidance, and compliance of all personnel in the administration of military pay and is the sole entitlement implementation by the Military Services. Paragraph 010301, DODFMR states, in pertinent part, that commissioned officers with over 4 years of prior active service as an enlisted member are entitled to additional basic pay at the O-1E rates.
CONCLUSIONS:
1. The Board concurs with the applicant that the entries in Items 12d, 12e, and 12f are incorrect entries as shown. The evidence of record shows that the applicant’s DD Form 214 for the period ending 13 March 2001 should have reflected in item 12d, "0001 00 10," item 12e, "0002 08 07," and item12f, "0000 07 14."
2. The Board does not concur that the incorrect information in Items 12d, 12e, and 12f of the DD Form 214 for the period ending 13 March 2001 caused an error in the applicant's pay. The applicant did not have over 4 years of prior active enlisted service, therefore, he was ineligible for the O-1E basic pay rate.
3. In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) showing in Item 12d, 1 year and 10 days, Item 12e, 2 years, 8 months, and 7 days, and in Item 12f, 7 months and 14 days for the period of service ending 13 March 2001.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
__rvo___ __jpi___ __ecp___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Raymond V. O'Connor, Jr.
______________________
CHAIRPERSON
| CASE ID | AR2002079536 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030612 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT PLUS |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.0000 |
| 2. | 128.0000 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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