IN THE CASE OF:
BOARD DATE: 28 July 2009
DOCKET NUMBER: AR20090008828
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 correction of her basic pay rate as a commissioned officer to show she had over four years of active service as an enlisted member.
2. The applicant states the original graduation date for the Officer Candidate School (OCS) class she attended moved forward five days, causing her to be discharged with 3 years, 11 months, and 26 days of enlisted service instead of 4 years and 1 day. She states that had the graduation date not changed, she would have automatically gotten the "E" pay (which denotes more than 4 years of enlisted service). She is stating, in effect, that because she graduated on time she is being paid at a lower base pay rate.
3. The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty); Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Orders 41-5119, dated 10 February 2006, discharging her for the purpose of accepting a commission in the U.S. Army; U.S. Army Human Resources Command (USAHRC) Assignment Instructions, dated 19 October 2005; and a DA Form 1059 (Service School Academic Evaluation Report) for the Quartermaster Officer Basic Course 004-2006 in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show she enlisted in the Regular Army (RA) on 17 April 2002. She was awarded military occupational specialty (MOS) 92Y (Unit Supply Specialist), and she was subsequently promoted to pay grade E-5 on 1 August 2004.
2. The applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Individual Ready Reserve) on 12 April 2006 for the purpose of accepting a commission. She completed 3 years, 11 months, and 26 days of creditable active service.
3. The applicant's records indicate she was commissioned as a second lieutenant on 13 April 2006 and promoted to captain on 1 May 2009.
4. Department of Defense (DOD) Financial Management Regulation, Volume 7A, Chapter 1 states, in pertinent part, 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.
DISCUSSION AND CONCLUSIONS:
1. While it is understandable that the applicant would like to be paid at the higher rate of basic pay, granting the applicant's request would give her an advantage not afforded to all Soldiers.
2. The DOD Financial Management Regulation requires 4 years and 1 day of enlisted service for the service to be counted for calculating an officer's basic pay. While it is regrettable that the applicant was commissioned 5 days prior to reaching 4 years and 1 day of enlisted service, her discharge was proper and just.
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 the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090008828
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ABCMR Record of Proceedings (cont) AR20090008828
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