IN THE CASE OF:	  

		BOARD DATE:	        31 July 2008

		DOCKET NUMBER:  AR20080008664 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his pay entry basic date (PEBD) be changed from 26 July 1988 to 10 March 1986.  He also requests that his pay records from      15 April 2002 to the present be audited to ensure he has been paid accurately.

2.  The applicant states that at some point between 15 April 2002 and 15 July 2003 his PEBD was changed from 10 March 1986 to 26 July 1988, indicating a period of non-service.  However, the only period of non-service he had during his entire military career was from 10 March 1992 to 18 September 1992.  His career began on 19 September 1985 and ended when he transferred to the Retired Reserve on 5 April 2007.

3.  The applicant provides a letter, dated 12 February 2008, from the Defense Finance and Accounting Service – Denver Center (DFAS-DE); a letter, dated      4 April 2003, from DFAS-DE; three U. S. Army Human Resource Command – St. Louis (USAHRC – STL) Chronological Statements of Retirement Points, one dated 20 October 2006, one dated 26 April 2007, and one dated 27 September 2007; an Army National Guard (ARNG) Current Annual Statement, dated          21 September 2007; two letters, one dated 4 December 2007 and one dated    25 February 2008, from the applicant to DFAS-DE; a letter, dated 4 December 2007, from the applicant to DFAS –DE (and re-routed to DFAS – Indianapolis Center); a form letter, dated 2 November 2006, Subject: Requests for Verification of Employment and Pay Related Documents, from DFAS-DE; and two leave and earnings statements (LESs), one dated 23 October 2002 and one dated 11 July 2003.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the ARNG on 19 September 1985 for 8 years.  He was discharged from the ARNG on 18 September 1991 and transferred to the   U. S. Army Reserve (USAR) to complete his 2-year remaining statutory obligation.  His ARNG Current Annual Statement indicates he was a satisfactory participant in the ARNG for those 6 years.

3.  U. S. Army Reserve Personnel Center (ARPERCEN, currently designated USAHRC - STL) Orders D-09-378674, dated 21 September 1993, show the applicant was honorably discharged from the USAR effective 21 September 1993.  However, he had enlisted in the ARNG on 10 March 1992 for 1 year,        6 months, and 8 days.  

4.  The applicant apparently had a prior extension of his 10 March 1992 ARNG enlistment before he extended again on 6 September 1996, for 3 years, making his expiration term of service (ETS) 17 September 1999.

5.  The applicant was discharged from the ARNG and as a Reserve of the Army effective 17 September 1999 upon his ETS, with no obligation.

6.  U. S. Army Reserve Personnel Command (AR-PERSCOM, formerly ARPERCEN and currently USAHRC – STL) Orders D-09-966267, dated           21 September 1999, discharged the applicant from the USAR effective              21 September 1999.

7.  There is no further enlistment contract in either the applicant’s electronic ARNG personnel files or in his electronic USAHRC – STL personnel files.  However, two noncommissioned officer evaluation reports (NCOERs) show he was satisfactorily participating in a USAR troop program unit (TPU) from September 1999 through August 2001; orders dated 14 June 2001 show he transferred from one TPU to another effective that date; and a Service School Academic Evaluation Report shows he attended the resident USAR Drill Sergeant School from 28 July 1001 through 26 January 2002.

8.  The applicant’s ARNG Current Annual Statement shows he had a break in service from 18 September 1999 through 1 February 2002.  His USAHRC – STL Chronological Statement of Retirement Points shows he was a satisfactory participant in the USAR during that time period.  Other USAHRC – STL records show he had a TPU status during that period of time.  

9.  Effective 2 February 2002, the applicant apparently enlisted in the ARNG.  100th Division Orders 02-044-007, dated 13 February 2002, released the applicant from his current USAR assignment and assigned him to the Kentucky ARNG by reason of “Enlistment in or transfer to the Army National Guard.”  The additional instructions on these orders stated, “Your membership in the United States Army Reserve was terminated on the date preceding your enlistment in the Army National Guard.”

10.  Apparently around October 2004 the applicant transferred back to the USAR.  He was apparently transferred to the Retired Reserve in April 2007.

11.  The applicant’s LES, dated 23 October 2002, shows his PEBD as 10 March 1986.  His LES, dated 11 July 2003, shows his PEBD as 26 July 1988.

12.  Records at USAHRC – STL show the applicant’s PEBD as 19 September 1985.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant never had a break in service (contrary to the applicant’s belief) from the time he enlisted in the ARNG on      19 September 1985 until he was transferred to the Retired Reserve in April 2007. However, the evidence of record also indicates that he may have served from    18 September 1999 through 1 February 2002 without a valid enlistment contract. Based upon the 100th Division’s 13 February 2002 orders, presumably an ARNG enlistment contract dated 2 February 2002 exists.

2.  The applicant’s records should be corrected to show he enlisted in the USAR effective 18 September 1999 for 3 years, that he never had a break in service, and that his PEBD is 19 September 1985.

3.  All of the applicant’s pay records should be reviewed to ensure he received all pay and allowances and retired pay due him for having a PEBD of 19 September 1985 and he should be paid any and all monies due him as a result of his having a PEBD of 19 September 1985.

BOARD VOTE:

___xx___  __xx____  ___xx___  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: 

     a.  showing he enlisted in the USAR effective 18 September 1999 for 3 years, that he never had a break in service, and that his PEBD is 19 September 1985; and

     b.  reviewing all of his pay records to ensure he received all pay and allowances and retired pay due him for having a PEBD of 19 September 1985 and paying to him any and all monies due him as a result of the above correction.




      _______ _xxxxx_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080008664





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ABCMR Record of Proceedings (cont)                                         AR20080008664



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