RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 October 2004
DOCKET NUMBER: AR2004103324
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. James E. Anderholm | |Chairperson |
| |Ms. Deborah Jacobs | |Member |
| |Mr. Ronald J. Weaver | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, a change to his Pay Entry Basic Date
(PEBD).
2. The applicant states, in effect, that the PEBD listed in his record is
incorrect. He claims that since 12 April 1986 he has had no break in
service except for one year while he was in the inactive National Guard
(ING). He claims that this creditable service accrues significantly longer
time than that reflected in the
6 June 1989 PEBD his records reflect.
3. The applicant provides the following documents in support of his
application: Reserve Enlistment Contract Extract (DD Form 4/1), dated 12
April 1986; Separation Document (DD Form 214), dated 25 July 1997; DD Form
4/1, dated 26 July 1990; Appointment Orders, dated 13 November 1993; ING
Reassignment Orders, dated 15 May 1998; Individual Ready Reserve (IRR)
Orders, dated 8 May 1999; and Troop Program Unit (TPU) Orders, dated 1 May
2001.
CONSIDERATION OF EVIDENCE:
1. As of the date of his application to the Board, the applicant was
serving as a captain in a TPU of the USAR.
2. A Statement of Service (DA Form 1506), dated 1 January 2004, shows the
applicant served in an enlisted status in the USAR from 12 April 1984
through
29 March 1988 and in the active Army from 30 March 1988 through 25 July
1990.
3. On 26 July 1990, the applicant entered the USAR Control Group, Reserve
Officer Training Corps (ROTC) as cadet. There is no indication he
participated in the Simultaneous Membership Program or that he was in
active drilling status while he was in the ROTC.
4. On 19 October 1993, the applicant was appointed a second lieutenant in
the ARNG and assigned to an ARNG unit in Seattle, Washington, and on 15 May
1998, he was reassigned to the ING.
5. On 15 May 1999, he was released from the ING and transferred to the
USAR Control Group, St. Louis, Missouri and 30 April 2001, he was
reassigned to a TPU.
6. In connection with the processing of this case, an advisory opinion was
obtained from a Military Personnel Technician, 99th Regional Support Team,
United States Army Reserve Personnel Command (ARPERSCOM), St, Louis,
Missouri. This personnel official stated that the applicant was
transferred to the ROTC Control Group of the USAR on 26 July 1990 and
remained in that status until 19 August 1993. This ROTC service was
considered a break in service at the time he was commissioned. Further,
the ING service while changing the applicant’s Retirement Ending Year
(RYE), does not change his PEBD.
7. On 13 April 2004, the applicant was provided a copy of the ARPERSCOM
advisory opinion in order to have the opportunity to respond to its
contents. To date, he has failed to reply.
8. The Department of Defense Financial Management Regulation (DODFMR),
Volume 7, provides military pay policies. Paragraph 0101 provides guidance
on periods that are considered creditable service. It states, in pertinent
part, that ROTC service is creditable only if the member has concurrent
Selected Reserve (drilling status).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows the applicant’s service as an ROTC
cadet was not performed while he was in a concurrent drilling status in the
USAR. Further, it is clear the time the applicant spent in the ING is also
not creditable service for pay purposes, as evidenced by the ARPERSCOM
advisory opinion. Therefore, this service is not creditable service for
PEBD purposes and there is insufficient evidence to support granting the
requested relief.
2. 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_JEA____ _DJ_____ _RJW___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
_JAMES E. ANDERHOLM_
CHAIRPERSON
INDEX
|CASE ID |AR2004103324 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2004/10/DD |
|TYPE OF DISCHARGE |N/A |
|DATE OF DISCHARGE |N/A |
|DISCHARGE AUTHORITY |N/A |
|DISCHARGE REASON |N/A |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |110.0100 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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