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ARMY | BCMR | CY2006 | 20060013312
Original file (20060013312.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 July 2007
	DOCKET NUMBER:  AR20060013312 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Wanda L. Waller

Analyst


The following members, a quorum, were present:


Mr. John Meixell

Chairperson

Mr. Robert Osborn

Member

Mr. Michael 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, in effect, all back pay due as a result of her pay entry basic date (PEBD) being adjusted to 1979.  

2.  The applicant states, in effect, that she was prior service and when she came back on active duty her basic active service date (BASD) was adjusted to 
29 December 1985 to reflect her prior active service.  She states that her PEBD did not reflect her actual initial pay entry date which was 25 June 1979.  Instead it was adjusted to mirror her BASD.  She contends that her base pay was less than what she was authorized throughout her entire military career.  She further states that a DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes) was completed by her supporting Personnel Support Detachment and her Enlisted Record Brief (ERB) was corrected to reflect the adjusted PEBD. 

3.  The applicant provides a DA Form 1506; a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty); her ERB; a Defense Finance and Accounting Service (DFAS) printout; and her enlistment contracts.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 25 June 1979 under the delayed entry program for a period of 6 years.  She enlisted in the Regular Army on 21 August 1979 for a period of 4 years.  On 18 September 1980, the applicant was released from active duty and transferred to the USAR.  On 27 January 1987, the applicant enlisted in the Regular Army.  She remained on active duty through continuous reenlistments until she retired in the rank of sergeant first class on 30 April 2006.    

2.  In the processing of this case, a staff advisory opinion was obtained from the Chief, Network Support Office, Army Military Pay Operations, DFAS.  The opinion states that the applicant’s PEBD was corrected on her account to reflect 25 June 1979 but the account should be audited for additional entitlement based on the increase in years of service. 

3.  The advisory opinion was provided to the applicant on 21 June 2007 for comment or rebuttal.  On 28 June 2007, the applicant concurred with the advisory opinion.

4.  The applicant’s records contain an email, dated 21 June 2007, from an official at DFAS.  It states that the applicant’s pay date had been listed as 29 August 1985 from her date of entry (DOE) on 27 January 1987 through 13 February 2006 when it was corrected to 25 June 1979.  Input was made on 21 May 2006 to correct the applicant’s pay date to 25 June 1979 and years served to 26 effective 24 June 2005.  However, the applicant’s pay from her DOE 27 January 1987 through 24 June 2005 was not corrected. 

DISCUSSION AND CONCLUSIONS:

Evidence of record shows the applicant’s PEBD was adjusted to 25 June 1979 after her retirement on 30 April 2006.  Evidence of record also shows her pay was not corrected prior to her retirement.  Therefore, the applicant’s records should be corrected to show her PEBD was adjusted to 25 June 1979 and that she was paid all back pay and allowances due to her as a result of the PEBD adjustment prior to her retirement.

BOARD VOTE:

JM_____  __RO____  _MF_____  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 showing her PEBD was corrected to 25 June 1979 prior to her retirement on     30 April 2006 and that she now be paid all back pay and allowances as a result of the correction to her PEBD.




___John Meixell_______
          CHAIRPERSON




INDEX

CASE ID
AR20060013312
SUFFIX

RECON

DATE BOARDED
20070719
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
128.1400
2.

3.

4.

5.

6.


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