RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2005
      DOCKET NUMBER:  AR2004105985


      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. W. W. Osborn, Jr.             |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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, that, effective 23 September 1996,
his Pay Entry Base Date (PEBD) be corrected to 15 November 1984.

2.  The applicant states, in effect, that he joined the Army Reserve (USAR)
on 15 November 1984 when he enlisted in the Delayed Entry Program (DEP).
He has had continuous, uninterrupted service since that date.  He served in
various capacities, including as a drilling Reservist in the Simultaneous
Membership Program (SMP) while he was in the Reserve Officer Training
Corps.

3.  After commissioning, in 1988, he transferred to the Army National
Guard.  When he entered active duty in 1991, his Pay Entry Base Date was
correctly established as 20 July 1986 by subtracting his ROTC time from his
total service.  This was necessitated because, at that time, the Department
of Defense (DOD) Financial Management Regulation Volume 7A excluded ROTC
time, including concurrent time in the SMP as creditable for basic pay
purposes.

4.  In 1996, Public Law 104-201 amended the rules and the previously
excluded SMP time became eligible service for basic pay purposes.  This
provision was not to be retroactively applied prior to 23 September 1996.
However, the change in the regulation was not applied in the applicant's
case when it became effective. Furthermore, when he left active duty and
entered inactive USAR service in November 1997 his pay account was further
corrupted when the Defense Finance and Accounting Service (DFAS) adopted
his May 1988 commissioning date as his PEBD.  He learned of the change to
the DOD Financial Management Regulation when he was mobilized in January
2003.  He has tried to obtain copies of his records but the submitted
documents are all he has been able to obtain.

5.  The applicant provides copies of the following documents [The
designations are his enclosure numbers]:

      A.  A 15 November 198 4 Report of Medical Examination for USAR
enlistment,


      B.  An 18 December 2003 Chronological Statement of Retirement Points
ARPC Form 249-2-E.


      C.  Leave and Earning Statements (LESs) dated 2 April 1986, showing 14
days annual training in 1986 as private first class (E-3); dated 12
December 1986 as a specialist showing 1 day of active duty training as a
specialist (E-4); and dated 2 December 1987 showing 12 days annual training
as a sergeant (E-5).


      D.  A 24 October 1985 certificate of achievement awarded to the
applicant as a private first class.


      E.  An October 1985 diploma from the Army Chemical School.


      F.  An 18 December 2003 Chronological Statement of Retirement Points
(ARPC Form 249-2-E).

      G.  2 April 1986 orders advancing the applicant to pay grade E-4.


      H.  Leave and Earning Statements (LESs) dated 2 April 1986, showing 14
days annual training in 1986 as private first class (E-3); dated 12
December 1986 as a specialist showing 1 day of active duty training as a
specialist (E-4); and dated 2 December 1987 showing 12 days annual training
as a sergeant (E-5).


      I.  A 25 May 1988 certificate for appointment as a USAR second
lieutenant.


      J.  2 November 1988 orders appointing him a ARNG second lieutenant.


      K.  A 1 June 1991 NGB (National Guard Bureau) Form 22 (Report of
Separation and Record of Service) shows that he was released from the
Alabama ARNG and transferred to the USAR Control Group as a second
lieutenant.  He had 2 years, 6 months and 13 days service during this
period and 3 years, 4 months and 20 days of prior Reserve Component
service.


      L.  A 28 February 1997 DD Form 214 (Certificate of Release or
Discharge from Active Duty).  It shows he was transferred to the USAR
Control Group (Reinforcement).  He had served 5 years, 8 months and 28 days
of active duty service but was shown to have served only 4 months and 11
days of prior inactive service.


      M.  28 October 1997 assignment orders from the USAR Control Group to a
troop program unit.  His PEBD is shown as 25 February 1988.


      N.  23 January 2003 mobilization orders for 365 days active duty in
support of Operation Noble Eagle, a 23 January 2003 modification that
reassigned the applicant's unit to a different major command and a 23
December 2003 modification that changed the active duty period to 521 days.



      O.  A July 1996 monthly summary LES showing a PEBD of 20 July 1986.


      P.  An extract of DOD Financial Management Regulation Volume 7A, page
1-9, showing part of paragraph 010201 (Service Not Creditable).


      Q.  An extract of DOD Financial Management Regulation Volume 7A, page
1-5, showing part of paragraph 010101 (Creditable Service).


      R.  A 30 October 1998 summary LES showing a PEBD of 25 May 1988 [the
day he was commissioned].


      S.  Request to DFAS, Indianapolis for all of the applicant's LESs from
November 1984 to June 1991 and a 6 November 2003 form letter forwarding the
applicants LESs for 1986, 1987 and 1990.


      T.  A 13 August 2003 request to National Personnel Records Center
(NPRC) for all of the applicant's service records with a  response
indicating that, since the applicant was still in an active status, the
NPRC held no records.  A  17 October 2003 letter from the Human Resources
Command, St Louis to the effect that all questions relating to correction
of retirement points must go through his unit's chain of command.

CONSIDERATION OF EVIDENCE:

1.  The applicant's available records are limited.  However they do
indicate that he enlisted in the USAR DEP on 15 November 1984 at the age of
17 years and 2 months.  He completed basic and advanced individual training
at the Army Chemical School, Fort McClellan, Alabama.

2.  While an ROTC student he participated in the SMP as a member of the
318th Chemical Company (Decontamination), Birmingham, Alabama.  He was
advanced to pay grade E-4, on 2 April 1986.  He earned 180 retirement
points in his first year, 74 points in his second year and 57 points in his
third year of USAR service.

3.  He was appointed a USAR second lieutenant on 25 May 1988 and affiliated
with the Alabama ARNG on 3 November 1988.  The NGB Form 22 recording that
period of service shows he had 2 years, 6 months and 29 days service during
that period and 3 years, 4 months and 20 days prior Reserve Component
service.  It also states that he had 12 years of education through high
school and 2 years of college.

4.  On 2 June 1991, the applicant entered active duty and served until
28 February 1997.  The DD Form 214 shows he was transferred to the USAR
Control Group (Reinforcement) with 5 years, 8 months and 28 days net active
service during the period and  4 months and 11 days of prior inactive
service.

5.  On 28 October 1997 he was transferred from the Control Group to a Troop
Program Unit and on 27 January 2003 he was mobilized in support of
Operation Noble Eagle.

6.  DOD Financial Management Regulation, Volume 7A notes that, prior to
23 September 1996, time spent in ROTC, including time in the SMP, was
excluded from time creditable for basic pay.  Since that date, SMP time has
been authorized as creditable time, however pay did not accrue prior to 23
September 1996.

7.  During the processing of this case the analyst contacted Human
Resources Command, St. Louis by telephone in an effort to obtain additional
records or information.  HRC St. Louis did not have the missing records
such as the applicant's original enlistment contract.  However, it was
noted that the applicant had been credited with the retirement points shown
on his ARPC Form 249-2-E. It was opined that his local personnel office
should have been able to correct his PEBD based upon that information.  It
was also noted that the USAR data base shows his DIEMS (Date Initially
Entered Military Service) as 15 November 1984.

8.  A record of the telephone conversation was forwarded to the applicant
as a favorable advisory opinion and he concurred.

9.  The 18 December 2003 ARPC Form 249-2-E shows that the applicant's
military career started on 15 November 1984 and that, prior to being
commissioned, he was credited with qualifying years for the retirement
years ending 15 November 1985, 1986 and 1987.  Since being commissioned he
has also been credited with continuous, unbroken service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR on 15 November 1984 and has had
continuous service since that date.  The USAR data base lists his DIEMS as
15 November 1984.

2.  The time the applicant spent in the SMP was not creditable for basic
pay purposes until 23 September 1996.  When the applicant entered active
duty on 2 June 1991 his PEBD was properly established by subtracting his
ROTC time from his total service; however, when the DOD Financial
Regulation was changed in 1996 his PEBD was not adjusted.
3.  Furthermore, when he left active duty and reentered inactive USAR
service, in November 1997, his pay account was further corrupted when the
Defense Finance and Accounting Service (DFAS) adopted his May 1988
commissioning date as his PEBD.

4.  The applicant's PEBD should be corrected to 15 November 1984 and he
should be authorized any pay adjustment accruing on or after 23 September
1996.

5.  The applicant's 1991 NGB Form 22 and his 1997 DD Form 214 are both in
error; however, the available evidence is insufficient to correct them at
this time.

BOARD VOTE:

__LDS_ _  __CAK __  __JTM __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
correcting his PEBD to 15 November 1984 and by paying him any additional
pay accruing on or after 23 September 1996.




                                  __  _Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105985                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |129.01                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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