IN THE CASE OF:
BOARD DATE: 18 January 2011
DOCKET NUMBER: AR20100012384
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 his initial and subsequent officer pay grades be changed based upon his prior enlisted service.
2. The applicant states he should have been originally paid in pay grade rate
O-1E, but when he inquired about it, he was misinformed about the necessary qualifications. He believes his case was mishandled because the change in regulatory guidance so nearly coincided with his appointment.
3. The applicant provides copies of Title 10, U.S. Code, section 12732 (Entitlement to Retired Pay-Computation of Years of Service); Department of Defense Financial Management Regulation (DODFMR), volume 7A, chapter 1; his National Guard Bureau (NGB) Forms 23A and 23A1 (Annual Points Summary and Supplement); and promotion correspondence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve, completed initial training, and served in a troop program unit from 1 April 1987 through 30 July 1991. He affiliated with the Army National Guard from 31 July 1991 to 23 November 2003. He was commissioned as a second lieutenant in the Army National Guard on 16 December 2003.
2. His NGB Form 23A shows he earned 1512 retirement points prior to his commissioning.
3. Title 10, U.S. Code, section 12732, specifically prescribes how Reserve Component Soldiers earn retirement points.
4. DODFMR, volume 7A, chapter 1, paragraph 010103A6, provides that commissioned officers who have earned at least 1460 points are entitled to special pay rates as established for O-1E, O-2E, and O-3E.
5. An advisory opinion from NGB confirms the applicant should have been originally authorized pay rate O-1E. The Chief, Personnel Policy Division, recommends that the applicant's record be corrected to show pay grade O-1E effective 16 December 2003, O-2E effective 16 December 2005, and O-3E effective 23 June 2008 and that he be authorized back pay and allowances from those dates.
6. The advisory opinion was provided to the applicant for comment. No response was received.
7. The Defense Finance and Accounting Service reports the applicant has never been paid at the rates applicable to officers who were formerly enlisted personnel.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in a Reserve Component as an enlisted Soldier for about 15 years prior to accepting a commission. He had earned over 1460 retirement points during that service.
2. O1E, O2E, and O3E are pay rates, not pay grades. The applicant was properly appointed/promoted in the grades of O1, O2, and O3. However, it appears his pay was never calculated based on his prior enlisted service. His pay should be recalculated and he should be paid any back pay and allowances due as a result of that recalculation.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. showing that when he was appointed a second lieutenant on 16 December 2003 the appropriate officials were aware of his prior enlisted service and
b. auditing his military pay record and paying him any monies due as a result of this correction.
2. The Board further determined that the evidence presented is insufficient to warrant portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing he was appointed/promoted to the grades of O1E, O2E, or O3E.
___________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) AR20100012384
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ABCMR Record of Proceedings (cont) AR20100012384
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