IN THE CASE OF:	

		BOARD DATE:	  16 April 2009

		DOCKET NUMBER:  AR20090001087 


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 corrected.

2.  The applicant states he entered the military on 6 June 1949.  He states that his PEBD is incorrectly entered as 5 July 1950.

3.  The applicant provides, in support of his application, eight enclosures to his application.

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.  A USAERC Form 5 (Request for Statement of Service (National Guard Service)), dated 28 June 1973, from the Oregon Army National Guard (ORARNG) shows the applicant initially enlisted in the ORARNG on 6 June 1949.  This form shows the applicant served continuously in the ORARNG from 6 June 1949 to 31 March 1954 with the exception of a period from 6 June 1952 to 9 June 1952.

3.  An ARPC Form 2496-E (Statement of Service), dated 21 February 1996, shows the applicant initially enlisted in the ORARNG on 6 June 1949.  This form shows the applicant was discharged from the ORARNG on 5 June 1952 and he was then enlisted in the ORARNG on 10 June 1952, constituting a 4-day break in service.  He served continuously in the ORARNG until he was discharged on 31 March 1954.

4.  On 1 April 1954, the applicant was inducted into the Army of the United States for a period of 2 years.

5.  On 30 November 1955, the applicant was discharged and he immediately enlisted in the Regular Army on 1 December 1955.

6.  DD Forms 4 (Enlistment Record - Armed Forces of the United States) and DD Forms 214 (Report of Separation from Active Duty) contained in the applicant's military personnel records jacket (MPRJ) show the applicant served in the Regular Army continuously from 1 December 1955 until his release from active duty on 28 February 1974 and placement on the Retired List on 1 March 1974.  His records do not show any time lost throughout his Army career.

7.  The ARPC Form 2496-E also shows the applicant served in the Regular Army continuously from 1 December 1955 until his release from active duty on 28 February 1974.

8.  The Service Data area of the applicant's record in the integrated Personnel Electronic Records Management System (iPERMS) reflects his date of initial entry as 5 July 1950 and his PEBD as 1 March 1951.

9.  On 18 March 1985, the applicant had his last name changed from Rodge to Gehring in the Superior Court of the State of California for the County of Los Angeles.

10.  The Department of Defense (DOD) Financial Management Regulation stipulates the policy, regulation, and procedures within the area of responsibility of the Under Secretary of Defense (Comptroller).  Volume 7A provides statutory procedures for entitlements, deductions and collections and establishes DOD policy on the pay and allowances of military personnel.  Chapter 1, Volume 7A, covers creditable service.  This chapter notes that the military pay and personnel systems use a variety of dates to determine various entitlements, including the date which denotes how much service a member has for the purpose of determining longevity pay rates.  The Army refers to this as the PEBD.  The member’s servicing personnel office is responsible for providing a statement of service which can include the basic pay date and a variety of other dates.  Paragraph 010101 breaks down all service periods creditable towards longevity.  It includes active or inactive service in any of a number of listed components without restriction, to include the Air Force, Army, Navy, Marine Corps, and Coast Guard Reserves and Army National Guard.

DISCUSSION AND CONCLUSIONS:

1.  There were no enlistment contracts or records of service in the applicant's MPRJ showing his service in the ORARNG.  However, the applicant's USAERC Form 5 and ARPC Form 2496-E clearly show that he enlisted in the Army National Guard on 6 June 1949.  Based on the preponderance of evidence, the applicant's initial entry date of 5 July 1950 in iPERMS is incorrect.  Therefore, it is appropriate to correct the applicant's initial entry date in iPERMS to show he initially entered the service on 6 June 1949.

2.  The applicant's USAERC Form 5 and ARPC Form 2496-E reflect his service in the Army National Guard from 6 June 1949 to 31 March 1954 with the exception of the period 6-9 June 1952.  These forms, his enlistment contracts, and his DD Forms 214 show continuous service from 1 April 1954 to 28 February 1974.  Therefore, his correct adjusted PEBD is 10 June 1949.  Therefore, it is appropriate to correct the applicant's PEBD in iPERMS to show 10 June 1949.

BOARD VOTE:

___X____  ___X____  ___X___  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 to show his date of initial entry as 6 June 1949 and his PEBD as 10 June 1949.



      __________X_______________
                 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)                                         AR20090001087



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ABCMR Record of Proceedings (cont)                                         AR20090001087



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