RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 December 2007
      DOCKET NUMBER:  AR20070010156


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. John G. Heck                  |     |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, in effect, reconsideration of his request that
his record be corrected to show he was authorized the special rate of basic
pay for pay grade 0-3E based on his previous enlisted service; and re-
computation of his creditable service for the purpose of computing basic
pay for longevity purposes

2.  The applicant states, in effect, that he had completed 7 years of
service for pay purposes, as indicated in his United States Air Force
Reserve (USAFR) pay voucher, dated 1 October 1997 and that his Army pay
voucher for the pay period ending on 31 January 1998, erroneously shows he
completed only 6 years of service.

3.  The applicant provides the following documents in support of his
reconsideration request:  Statement In Support of Claim (VA Form 21-4138);
Defense Finance and Accounting Service (DFAS) Military Leave and Earnings
Statement (LES), dated 1 October 1997; LES On-Line Inquiry System LESs for
January 1998 and December 1999; Statement of Service (DA Form 1506), dated
14 April 1998; and DA Form 1506, dated 4 February 2005.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20050015774, on 3 August 2006.

2.  During its original review of the applicant's case, the Board concluded
that the applicant had not completed sufficient active duty enlisted
service to qualify for the special pay rate of 0-3E, and that a Statement
of Service completed in conjunction with his entry into the United States
Army Reserve (USAR) on
8 September 1997, confirmed he completed 7 years and 25 days of creditable
service for pay purposes and properly established his Pay Entry Basic Date
(PEBD) as 13 August 1990.  As a result, it found no error or injustice
related to the creditable service he was credited with or with his PEBD.

3.  As new evidence, the applicant provides a VA Form 21-4138, in which he
claims that he is not alleging that there was an error made in the
computation of his creditable service in the DA Form 1506s completed, but
that these forms were incorrectly interpreted by Army Finance and
Accounting personnel who processed them, which resulted in his not being
fully credited with the service set forth on these forms.
4.  In his claim form, the applicant indicates that at the time of his
transfer from the inactive to active USAR, he was informed by personnel
clerks that only his periods of active duty service would count as
creditable service for pay purposes, which resulted in his 1 year and 25
days of USAFR service and 4 months and
3 days of inactive USAR service being ignored, which he claims is confirmed
by his LES from this period, which shows his service as 6 years.

5.  The applicant's record shows that he entered the USAR on 8 September
1997, in the rank and pay grade of first lieutenant/0-2 (1LT/0-2).  He was
promoted to captain/0-3 (CPT/0-3) on 11 January 1998.

6.  The applicant's record contains a DA Form 1506, dated 14 April 1998.
This document confirms he initially entered the USAFR delayed entry program
on
25 May 1972.  It also shows he had a break in service of 18 years, 2 months
and
18 days between 25 May 1978 and 12 August 1996, and that his PEBD was
adjusted to 13 August 1990.  This document also confirms that as of that
date, he had completed a total of 7 years, 4 months and 28 days of
creditable military service for pay purposes, and that as of 7 September
1997, the day before he entered the USAR, he had completed a total of 7
years and 25 days of creditable military service for pay purposes.  It also
shows that of his total military service,
4 years had been completed in the United States Air Force (USAF) from
21 September 1972 through 20 September 1976.

7.  The applicant provides an On-Line LES for the period 1 through 31
January 1998, which indicates he was being paid the basic pay rate of
$2,165.00.  He also provides an LES from the period 1 through 31 December
1999, which shows he was being paid the basic pay rate of $3,364.50.

8.  The Military Pay Table for 1 January 1997 shows that the basic pay rate
for a 1LT/0-2 with over 6 years of creditable service for pay purposes was
$2,751.60.  The 1 January 1999 Military Pay Table shows that the basic pay
rate for a CPT/0-3 with over 6 years of service was $3,364.50.

9.  In connection with the processing of this case, a member of the Board
staff contacted the DFAS in order to review the applicant's pay records for
the period. A DFAS official confirms there are no pay records on file for
the applicant for the period September 1997 through December 1998.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's reconsideration request was carefully considered.
However, the evidence of record confirms that the applicant's record was
properly corrected to show he completed a total of 7 years and 25 days of
creditable military service for pay purposes as of the date he entered the
USAR in 1997, and that his PEBD was properly established as 13 August 1990.
 As a result, the records correction regarding his creditable service for
pay purposes was accomplished with the publication of the 14 April 1998 DA
Form 1506.

2.  Although, the applicant provides one on-line LES that makes it appear
he did not receive the proper basic pay rate for a 1LT/0-2 with over 6
years of service in January 1998, absent pay records for the period in
question, it is impossible to determine if this pay issue was or was not
addressed and/or resolved subsequent to publication of the 14 April 1998 DA
Form 1506, which effectively corrected his record to properly document all
the military service he completed and corrected his PEBD.  Absent pay
records for the period in question, there is insufficient evidence upon
which to grant the requested relief.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement or that would support
amendment of the original decision in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JCR _  __JGH __  __QAS __  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 to amend the decision of
the ABCMR set forth in Docket Number AR20050015774, dated 3 August 2006.




                                  _____Jeffrey C. Redmann___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070010156                           |
|SUFFIX                  |                                        |
|RECON                   |AR20050015774-2006/08/03                |
|DATE BOARDED            |2007/12/DD                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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