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ARMY | BCMR | CY2002 | 2002081877C070215
Original file (2002081877C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 19 June 2003
         DOCKET NUMBER: AR2002081877

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Lana E. McGlynn Member
Mr. William D. Powers Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That her Pay Entry Basic Date (PEBD) be changed to 5 October 1984.

APPLICANT STATES: In effect, that her PEBD is incorrectly reflected as 23 October 1986 and should be reflected as 5 October 1984. She further states that she does not have copies of all of her enlistment/reenlistment contracts but submits copies of her leave and earnings statements (LES) to document her service.

EVIDENCE OF RECORD: The applicant's military records, though somewhat incomplete, show:

Her records do not contain her initial enlistment contract; however, they show that she initially enlisted in the United States Army Reserve (USAR) on 5 October 1984 and she served in a troop program unit (TPU) until 4 February 1990, when she was discharged from the USAR to join the United States Naval Reserve (USNR) on 5 February 1990. She served in the USNR until 13 March 1990, when she was discharged for fraudulent entry.

She had a break in service of 1 year, 6 months and 16 days before she again enlisted in the USAR on 30 September 1991. She has continued her service since that date.

In the processing of this case, officials at the Total Army Reserve Personnel Command (ARPERSCOM) prepared a statement of service (DA Form 1506) computing the applicant's PEBD. Officials at the ARPERSCOM indicate that the applicant's PEBD, based on the available records, has been adjusted to 20 April 1986. The DA Form 1506 was provided to the applicant for review by officials at the ARPERSCOM and the applicant concurred with the computation on 13 March 2003. The advisory opinion was also provided to the applicant for comment and to date she has failed to respond.

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. The applicant's contention that her PEBD should reflect an October 1984 date is without merit. By virtue of her break in service of just over 18 months, when added to her initial entry date, her PEBD is clearly in 1986.

3. Although the Board cannot determine exact dates without all of her contracts, she was provided a statement of service from the PERSCOM and concurred with the computations made by that agency. Inasmuch as she has not disputed those computations, it is reasonable to presume, absence evidence to the contrary, that her PEBD of 20 April 1986, as changed by the ARPERSCOM, is correct.

4. In the event that the applicant can produce documents which show otherwise, she can provide those documents to officials at the ARPERSCOM to compute the necessary changes before applying to the Board for further changes.

5. 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

__js ____ __wdp___ ___lem__ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002081877
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/06/19
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 231 112.0900/PEBD
2.
3.
4.
5.
6.


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