IN THE CASE OF:
BOARD DATE: 17 November 2009
DOCKET NUMBER: AR20090008718
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 to 30 July 1998.
2. The applicant states, in effect, that his PEBD is 14 September 2002 which does not count for his Individual Ready Reserve (IRR) time and that this changes his base pay rate for years in service. He points out that his characterization of service was changed from under honorable conditions to honorable in 2005, that he decided to go back into the Army in March 2006, and that when he got to advanced individual training he was told he could apply his IRR time and active duty time to his current tour which would change his PEBD. He argues that if his characterization of service was changed to honorable and he was eligible for reentry then he should have returned to an IRR status. He also states that his issue is not back pay for the base pay he lost for time in service, rather, it is what the Army is going to pay him for severance pay.
3. The applicant provides a copy of a self-authored letter, dated 4 February 2009; copies of his DD Forms 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 9 July 1998, 29 March 2000, and 28 March 2006; a copy of his DA Form 1695 (Oath of Extension of Enlistment), dated 24 May 2006; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 February 2002; a copy of his DD Form 215 (Correction to DD Form 214), dated 1 October 2002; excerpts on "Secretarial plenary authority" and "Eligibility/ineligibility for transfer to the IRR"; and a copy of his Army Discharge Review Board (ADRB) proceedings, dated 23 September 2005, in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 30 July 1998 and trained as a parachute rigger. He immediately reenlisted on 29 March 2000 for 5 years. He was discharged with a general, under honorable conditions discharge on 13 February 2002 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14, for misconduct. He had completed a total of 3 years, 6 months, and 14 days of creditable active service.
2. On 23 September 2005, the ADRB upgraded the applicant's general, under honorable conditions discharge to honorable and changed his narrative reason for separation to Secretarial Authority.
3. On 28 March 2006, the applicant enlisted in the RA for a period of 3 years in pay grade E-4. On 24 May 2006, he extended his enlistment for a period of
4 months. On 26 February 2009, the applicant was honorably discharged by reason of disability, severance pay, non-combat related.
4. Records show the applicants PEBD is 14 September 2002.
5. The Department of Defense Financial Management Regulation, Volume 7A, states that creditable service for pay includes service in the RA and in the USAR. If there is a break in service, the time between periods of service usually is not creditable.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he has IRR time is without merit.
2. The applicant's creditable service for pay began when he entered active duty in the RA on 30 July 1998. He continued in a creditable pay status until he was discharged on 13 February 2002. Notwithstanding the ADRB action, he had a complete break in service from 14 February 2002 through 27 March 2006 which is not creditable for computing basic pay. He then re-entered a creditable pay status when he enlisted in the RA on 28 March 2006.
3. Based on the foregoing, it appears the computation of the applicant's PEBD was properly calculated (active duty entry date (28 March 2006) minus his prior active duty service (3 years, 6 months, and 14 days)) as 14 September 2002. Therefore, there is an insufficient basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X__ ____X___ ___X____ 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 for correction of the records of the individual concerned.
__________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) AR20090008718
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ABCMR Record of Proceedings (cont) AR20090008718
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