RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20060000488


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 that his pay entry basic date (PEBD) be changed
to    25 June 1999.

2.  The applicant states his PEBD is listed as 1991.  He was in the
Individual Ready Reserve (IRR) from 1991 to 1996 and had a break in service
from            6 January 1996 to 25 June 1999.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U. S. Army Reserve (USAR), Delayed Entry
Program, on 10 November 1987 for 8 years.  He enlisted in the Regular Army
on 6 January 1988.  He was released from active duty on 12 April 1994 and
transferred to the USAR (Reinforcement) to complete his statutory military
service obligation (i. e., 9 November 1995).

2.  The applicant’s discharge orders from the USAR are not available.  The
U. S. Army Human Resource Command – St. Louis (USARHC – STL) Soldier
Management System (SMS) shows he was discharged on 16 January 1996 upon the
expiration of his service obligation.

3.  The applicant enlisted in the USAR on 25 June 1999 for 6 years.

4.  In the processing of this case, an advisory opinion was obtained from
the Chief, Verification and Update Division, Personnel Records Imaging
Services, USAHRC – STL.  That individual stated that the applicant’s PEBD
is showing as 21 August 1991, “which is correct.”  That individual stated
that the PEBD is computed by taking the original date [of enlistment] and
adding all lost time and breaks.  If the enlistment date was after 1
January 1985, then the date [first] entered active duty is used.

5.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  He did not respond within the given time frame.

6.  Army Regulation 135-178 establishes policies governing the
administrative separation of enlisted Soldiers from the Army National Guard
of the United States and the USAR.  In pertinent part, it states that upon
expiration term of service, the Soldier will be discharged by the
separation authority.  It also states that, when through administrative
error a Soldier is not discharged on the actual date of his or her
expiration term of service, he or she will be considered to have been
retained beyond normal discharge date for the convenience of the
Government.

7.  The Department of Defense Financial Management Regulation, Volume 7A,
states that creditable service for pay includes service in the Regular Army
and in the USAR.  Service in a Delayed Entry Program before 1 January 1985
is creditable service.  If there is a break in service, the time between
periods of service usually is not creditable.

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant entered the Delayed Entry Program after 1 January
1985, his creditable service for pay began when he entered active duty in
the Regular Army on 6 January 1988.  He continued in a creditable pay
status until he was discharged from the USAR on 16 January 1996.  He re-
entered a creditable pay status when he enlisted in the USAR on 25 June
1999.  He had a complete break in service from 17 January 1996 through 24
June 1999.

      99  06  24
          -96  01  17
          =  3    5    7
           +            1 day inclusive
For a 3 year, 5 month, and 8 day break in service

      88  01  06 original effective date of creditable service
         +  3   5    8 break in service
         = 91 06 14  an adjusted PEBD of 14 June 1991

2.  It appears USAHRC – STL calculated the applicant’s adjusted PEBD based
upon a USAR discharge date of 9 November 1995, the date his statutory
military service obligation would normally have expired.

      99  06  24
         - 95  11 10
         =  3    7  14
         +              1 day inclusive
For a 3 year, 7 month, and 15 day break in service

      88 01 06 original effective date of creditable service
          + 3   7 15 break in service
          =91  8  21 an adjusted PEBD of 21 August 1991

3.  USAHRC – STL should review the applicant’s records to determine if SMS
is incorrect and if the applicant was actually discharged on 9 November
1995 and not on 16 January 1996.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__alr___  __lmb___  __qas___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The U. S. Army Human Resources Command – St. Louis should review the
applicant’s records to determine if SMS is incorrect and if the applicant
was actually discharged on 9 November 1995 instead of on 16 January 1996.
The applicant’s PEBD should be adjusted, or remain the same, as
appropriate.




                                  __Allen L. Raub_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000488                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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