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ARMY | BCMR | CY2006 | 20060011007
Original file (20060011007.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 March 2007
	DOCKET NUMBER:  AR20060011007 


	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. Gerard W. Schwartz

Acting Director

Mr. Gerald E. Vandenberg

Analyst


The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Ms. Linda M. Barker

Member

Mr. Michael J. Flynn

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 records be corrected to show his proper base pay entry date (BPED).

2.  The applicant states he first enlisted on 3 December 1987 not in 1983, had a break in his active duty service, and reenlisted in 1992.  He is currently in a mobilized National Guard unit.

3.  The applicant provides copies of a 11 July 2006 Army National Guard Retirement Points History Statement and a 24 April 1996 DD Form 214 (Certificate of Release or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The records available for Board review are incomplete and as such only a limited review is possible.  However, there is sufficient documentation available to render a fair and impartial review on this issue.

2.  The available records contain a copy of the applicant's birth certificate that shows he was born on 14 April 1969. 

3.  A 7 January 1992 DD Form 214 shows the applicant enlisted under the Delayed Entry Program (DEP) on 7 October 1987 with entry onto active service in the Regular Army (RA) on 3 December 1987.  He is shown to have reenlisted on 22 October 1990.  The form shows he had 4 years, 1 month, and 5 days of active service with no prior active or inactive service listed.  The applicant was transferred to the United States Army Reserve (USAR) (Reinforcement) effective 8 January 1992.

4.  A 29 May 1992 DD Form 4 indicates the applicant reenlisted in the pay grade E-4 with a BPED of 3 December 1987.

5.  An 8 February 1995 DA Form 1985 (Oath of Extension of Enlistment) indicates the applicant extended his 29 May 1992 enlistment for 11 months.

6.  On 21 February 1996 the applicant enlisted in the USAR for 3 years with participation in a troop program unit (TPU).  

7.  An 8 April 1996 DD Form 214 shows at item:

a.  12a, entry onto active duty for this period, 24 April 1988; 
b.  12b, separation date this period, 28 April 1996;

c.  12c, net active service this period, 3 years, 10 months, and 29 days;

d.  12d, total prior active service, 4 years, 1 month and 5 days; and

e.  12e, total prior inactive service, 4 months and 21 days.

8.  A 20 November 1998 DA Form 4836 (Oath of Extension of Enlistment) indicates the applicant extended his 28 April 1996 enlistment for six months.  This form lists his BPED as 3 December 1987.

9.  U. S. Army Reserve Personnel Command Orders C-05-916593, dated 25 May 1999, reassigned the applicant from the Reserve (USAR) Control Group (Reinforcement) to the 810th Military Police Company (a Florida Army National Guard unit) effective 25 May 1999.

10.  An 11 July 2006 retirement points summary shows that the applicant enlisted under the delayed entry program on 28 October 1983 and entered onto active service in the RA on 19 March 1984.  He served on active service from 19 March 1984 through 28 April 1996.  He is shown to have been in a USAR TPU from 29 April 1996 through 14 September 2005 and in Florida Army National Guard from 15 September through 17 October 2005.  On 18 October he transferred to an Active Guard Reserve (AGR) status under state control through the date of the report.

11.  On his 18 July 2006 DD Form 149 (Application for Correction of Military Records) the applicant reports that he is in deployed National Guard status.

DISCUSSION AND CONCLUSIONS:

1.  The BPED of 1983 is clearly in error, the applicant would have only been 14 years old in 1983 and no available documentation supports that he entered into active service prior to 3 December 1987.  

2.  The records show that although the applicant changed components on several occasions he did not have any complete breaks in military affiliation that would result in a further adjustment of his BPED.

3.  With the exception of the entries on the retirement points summary all entries in the available records clearly state and show that the applicant's BPED is and should be 3 December 1987.
4.  Therefore, all Regular Army, Army Reserve, and National Guard records should be corrected to show the applicant's BPED as 3 December 1987. 

5.  With the correction the applicant's BPED, his records should be reviewed by the appropriate personnel support office to corrected and/or eliminate all erroneous entries based on the erroneous BPED. 


BOARD VOTE:

__LE____  __LMB__  __MJF_ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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 showing the applicant's pay base entry date (BPED) as 3 December 1987.

2.  The Board further determined that the applicant's permanent records be reviewed by the appropriate personnel support centers to corrected and/or eliminate all erroneous entries based on the erroneous BPED. 




__        Lester Echols____
          CHAIRPERSON


INDEX

CASE ID
AR20060011007
SUFFIX

RECON
 
DATE BOARDED
 2007/03/29
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
                   
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.


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