RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 February 2007
DOCKET NUMBER: AR20060012429
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
Mrs. Victoria A. Donaldson
Analyst
The following members, a quorum, were present:
Ms. Marla J. N. Troup
Chairperson
Mr. John G. Heck
Member
Mr. Donald L. Lewy
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 amended to include time that he served at the United States Military Academy (USMA) as a cadet.
2. The applicant states that while he served on active duty his PEBD was December 1993 and his time served at the USMA was not included in the calculation of his PEBD. The applicant continued that he was enlisted in the Army National Guard (ARNG) prior to attending the USMA as a cadet and therefore, his time at the USMA should be considered continued service.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), an NGB Form 22 (Report of Separation and Record of Service), and a DA Form 1506 (Statement of Service-for Computation of Length of Service for Pay Purposes) in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show that he enlisted in the Arkansas Army National Guard (ARARNG) on 4 January 1990. The applicant attended the USMA during the period 5 June 1991 through 2 June 1995. The applicant was commissioned as an officer in the United States Army on 2 June 1995.
2. Records show that while serving on active duty his PEBD was computed as 2 May 1994. This PEBD shows that he received credit for the period of enlisted service prior to his attendance at the USMA.
3. The applicant's records do not show that his PEBD was adjusted based on his attendance at the USMA.
4. Department of Defense Financial Management Regulation 7000.14-R Chapter 7 (Basic Pay) defines creditable service for determining a PEBD. Chapter 1, paragraph D.4 of this regulation states that service as a cadet or midshipmen at a military academy is always creditable service for an enlisted member. Table 1-1 of this regulations states that a member currently serving as an officer who has had service as a cadet or midshipmen in any of the military academies is entitled to creditable service if he concurrently retained a commission or warrant in the Army. This table states that members who held no concurrent enlisted status and/or Reserve status or had an enlistment contract or period of obligated service that was not terminated were not entitled to creditable service for USMA attendance.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his PEBD should be adjusted to include service while attending the USMA was carefully considered and determined to be without merit.
2. The applicant's PEBD shows that he received credit for the period of enlisted service prior to his attendance at the USMA. There is no indication in the available records and the applicant has not provided sufficient evidence showing that he maintained an enlisted status or concurrently retained a commissioned or warrant status while attending the USMA.
3. In accordance with applicable regulation, the applicant's USMA service is not creditable service for calculating his PEBD. Therefore, there is no basis to grant the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__MJNT_ _ _JGH____ _DLL__ 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.
___Marla J. N. Troup__
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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