BOARD DATE: 2 August 2011
DOCKET NUMBER: AR20100020881
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 military records to show her pay rate is O-1E [Enlisted] instead of O-1.
2. The applicant states:
* She served 4 years on active duty and was commissioned on 14 April 2010 in the Maryland Army National Guard
* on 20 August 2010, she discovered that she was being paid as an O-1 instead of an O-1E and was told she needed to request a correction of her military records
* She has been in the military 16 years and 4 years were served in an active duty status
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. She enlisted in the Regular Army on 2 August 1993. She served as an automated logistics specialist and was honorably released from active duty on
1 August 1997. She had completed a total of 4 years of creditable active service.
2. She enlisted in the Virginia Army National Guard on 8 February 2001. On
7 February 2007, she was honorably discharged in the rank of sergeant after completing 6 years.
3. She was appointed a second lieutenant in the Maryland Army National Guard on 14 April 2010.
4. In the processing of this case, a staff advisory opinion was obtained from the Chief, Personnel Policy Division, National Guard Bureau That office recommends approval of the applicant's request to receive O-1E pay. The opinion points out:
a. she was commissioned into the Maryland Army National Guard effective 14 August 2010.
b. Department of Defense (DOD) Financial Management Regulation Volume 7A, chapter 1, states that "Effective November 24, 2003, the restriction that members must be paid from reserve appropriated funds to qualify for the special rate of basic pay for pay grades O-1E, O-2E, and O-3E based upon creditable service points is eliminated. Therefore, effective that date, commissioned officers in pay grades O-1 through O-3 with more than 1460 points computed under 10 U.S.C. 12732(a)(2) for service as a warrant officer and/or enlisted member is entitled to the special rate of pay."
c. her retirement points history statement shows she accrued more than the required 1,460 points at the time of her commissioning. Based upon her commissioning date under the current law, she is eligible for the O-1E special rate of pay.
d. the Maryland Army National Guard acknowledges she is eligible to receive O-1E pay.
5. A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. She did not respond within the given time frame.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant had over 1460 retirement points as an enlisted Soldier at the time of her commission as a second lieutenant on 14 April 2010 in the Maryland Army National Guard. Therefore, she is entitled to the
O-1E special rate of pay.
BOARD VOTE:
___x____ ___x___ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 showing her pay grade is O-1E based upon having 1460 or more retirement points as an enlisted Soldier.
2. The Board further recommends the applicant be paid all back pay due as a result of this correction.
_______ _ 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) AR20100020881
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100020881
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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