RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 October 2007
	DOCKET NUMBER:  AR20070012197 


	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. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Scott W. Faught

Member

Mr. Roland S. Venable

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, pay credit for his prior enlisted service after becoming a commissioned officer and that his pay be adjusted from August 2001 through May 2005.  He also requests pay credit for BAH (Basic Allowance for Housing) differential from February 2005 through May 2005, in the pay grade of 02E. 

2.  The applicant states, in effect, that he reentered active duty, as an engineer officer and served from August 2001 through May 2005.  He was paid as an O1 upon reporting to Fort Leonard Wood, Missouri, for EOBC (Engineer Officer Basic Course).  The personnel department and finance department informed him that they would reconstruct his DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes) to get his pay corrected after completion of EOBC.  In February 2002, he completed his EOBC and proceeded back to personnel and finance to get the DA Form 1506 completed and his pay corrected.  

3.  After several attempts to get his pay corrected, with no support from the State National Guard Office and local departments, he was informed that they had no proof of time to help him obtain the necessary documents to complete the DA Form 1506.  

4.  The applicant was later informed by the personnel department that they completed a DA Form 1506 from the information they had obtained and that he did not have enough time in service as an enlisted Soldier to be an "E" on the officer side.  He informed personnel that he had more time but was unable to obtain the necessary paperwork to complete the process.  He was further informed that his time had expired and that he could not submit any more paperwork to justify the pay change.  

5.  After several more attempts, with no success through the state and personnel office, he was released from active duty in May 2005 with no results in getting this matter resolved.  In June 2007, he was recalled to active duty to support the War on Terrorism.  He is currently stationed at Fort Riley, Kansas, and the personnel department has assisted him in completing a corrected copy of a DA Form 1506 so he can be paid as an "E" on the officer side.  He was advised to appeal to this Board for support. 



6.  In support of his request the applicant provides copies of several documents from his Official Military Personnel File (OMPF), a copy of his DA Form 1506, a copy of an automated Service Computation for Separation, and copies of several leave and earning Statements (LESs).  

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the United States Army Reserve (USAR) as a commissioned officer effective 5 May 2001, in the rank of second lieutenant (2LT/O-1), with prior service in the Army National Guard (ARNG) and Regular Army (RA).  He was ordered to active duty on 18 June 2001.  He was promoted to first lieutenant (1LT/O-2) on 2 December 2002.  He was released from active duty on 1 May 2005.  

2.  The applicant provided a copy of his DA Form 1506, dated 3 July 2007, and his automated Service Computation For Separation, dated 3 July 2007, that was prepared by personnel at Fort Riley, Kansas, for the Board's review.  The outline below shows his active duty service in an enlisted status.

DATES					Active Duty		Component 

1987 	06 	30	1987	11	15	00  04  16		ARNG	
1988 	05 	15	1988	05 	15	00  00  01		ARNG
1988	07	08	1988	07	23	00  00  16		ARNG

1988	11	22	1992	06	24	03  07  03		RA

1997	06	07	1997	06	21	00  00  15		ARNG
1998	07	25	1998	08	08	00  00  14		ARNG
1999 	05 	16	1999	05	28	00  00  13		ARNG
2000	07	29	2000	08	12	00  00  14		ARNG

TOTAL					04  02  02 
(4 years. 2 months, and 2 days)

3.  The applicant was granted Federal recognition in the Kentucky ARNG (KYARNG), as a first lieutenant (1LT/O-2), effective 2 May 2005.  He served until he was honorably separated from the KYARNG on 20 May 2007.  He was recalled to active duty on 21 May 2007, for 3 years.  He is currently assigned at
Fort Riley, Kansas.

4.  The applicant provided copies of his LESs from August 2001 through May 2005 which shows that he was not paid for his 4 years of enlisted service. 

5.  The applicant's LESs for the period February 2005 through May 2005 shows that he was paid BAH in the pay grade of O-2.  He also provided a query for BAH from the Internet regarding the rates for Fort Leonard Wood, Missouri.  It stated that the monthly allowance for an 02E with dependents was $979.00 and without dependents $897.00.  He was paid BAH in the amount of 922.88 for the month of February 2005; and $954.70 for the months of March, April, and May 2005, for the zip code 65473, Fort Leonard Wood, Missouri.

6.  Department of Defense (DOD) Financial Management Regulation, Volume 7A, Chapter 1, Paragraph 010103 pertains to active enlisted and /or warrant officer service for members in basic pay grade O-E1, O-E2, or O-E3.  Paragraph 010103(A)1 states that commissioned officers with over 4 years of prior active service as an enlisted member, warrant officer, or combined service in both grades are entitled to count such service for purposes of computing basic pay for longevity purposes.  Such prior service includes all active service, in either the Regular or Reserve Component or both (i.e., active duty for training in enlisted or warrant officer status, annual Reserve training duty, and full time National Guard duty).  Service on active duty or active duty for training for at least 4 years and 1 day satisfies the over 4 years of service requirement under this section. 

7.  Subparagraph 010103 (A)2 pertains to creditable prior enlisted service.  Effective 20 May 1958, commissioned officers in pay grades O-1, O-2, or O-3 who are credited with over 4 years (i.e., at least 4 years and 1 day) of prior active service as an enlisted member are entitled to the special rate of basic pay for pay grade O-E1, O-2E, or O-3E. 

8.  Department of Defense (DOD) Financial Management Regulation, Volume 7A, Chapter 26, Paragraph 260101A, states that BAH is payable to members on active duty and will vary according to the grade in which serving or appointed for basic pay purposes, dependency status, and the permanent duty station (PDS) assigned.  








DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant had completed 4 years, 2 months, and 2 days of prior active duty enlisted service in the ARNG and RA and continued to serve as a commissioned officer in the USAR.  It is apparent that the applicant’s computation of service as a prior enlisted member was not taken into account when he was commissioned as a 2LT on 5 May 2001.  He was later promoted to 1LT.

2.  The applicant made several attempts to correct his records; however, a DA Form 1506 and automated Service Computation for Separation were not prepared until after his release from active duty as a reserve commissioned officer at Fort Riley, Kansas.  He was later recalled to active duty and is currently assigned to Fort Riley.  

3.  According to regulation, commissioned officers in pay grades O-1, O-2, or O-3 who are credited with over 4 years of prior active enlisted service are entitled to the special rate of basic pay in pay grade O-1E, O-2E, or O-3E.  The evidence shows the applicant did complete the required years of service for special pay credit as a commissioned officer with prior enlisted service.  Therefore, his pay account should reflect that he was commissioned for pay purposes as an O-1E
and his finance records should be audited by the Defense Finance and Accounting Service (DFAS) to reflect any difference in pay to include BAH allowances that he is entitled. 

BOARD VOTE:

__LDS___  _RSV___  __SWF__  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 should show that he was commissioned for pay purposes as an O-1E and his finance records should be audited by the Defense Finance and Accounting Service (DFAS) to reflect any difference in pay to include BAH allowances that he is entitled. 




_____Linda D. Simmons  ___
          CHAIRPERSON




INDEX

CASE ID
AR200700012197
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071025
TYPE OF DISCHARGE
ACTIVE DUTY
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
128
2.

3.

4.

5.

6.