IN THE CASE OF:
BOARD DATE: 26 September 2013
DOCKET NUMBER: AR20130001003
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 pay entry basic date (PEBD) be corrected to
23 August 1976.
2. The applicant states:
* he wants his Reserve pay date corrected to reflect 23 August 1976 instead of 16 May 1978
* his Reserve Officers Training Corps (ROTC) contract was for a term of
6 years, he spent 2 years in college and the rest of the time on active
duty
* this data does not reflect his true pay date
* his Voluntary Separation Incentive (VSI) payments are being taken out of his retired pay based on 16 May 1978
3. The applicant provides:
* DD Form 4 (Enlistment Contract Armed Forces of the United States)
* Appointment letter, dated 16 May 1978
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 2011
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) ROTC on 23 August 1976 for a period of 6 years. He was appointed as a Reserve commissioned officer on 16 May 1978 and he entered active duty. He was appointed as an officer in the Regular Army on 5 June 1978. On 18 May 1992, he was honorably discharged for the Voluntary Incentive Program (VSI). He accepted a USAR appointment and was assigned to the USAR Control Group (Reinforcement).
2. He was promoted to lieutenant colonel on 31 December 1996. On 3 June 2008, he was assigned to the USAR Control Group (Retired Reserve). He was ordered to active duty on 1 June 2009 for the purpose of sanctuary. On
31 March 2011, he retired in the rank of lieutenant colonel after completing
20 years of creditable active service.
3. Records show the applicants PEBD is 16 May 1978.
4. Chapter 1 (Basic Pay) of the Department of Defense Financial Management Regulation, Volume 7A, states creditable service periods include active or inactive service in the following components:
* Regular service in the Army, Air Force, Navy, Coast Guard, and Marine Corps
* Army, Naval, Marine Corps, Air Force, and Coast Guard Reserve
* Army of the United States
* Army National Guard
* Army National Guard of the United States
* National Guard
* National Guard of the United States
* Air Force of the United States
* Air National Guard
* Air National Guard of the United States
* Nurse Corps and Nurse Corps Reserve of the Public Health Service
* Public Health Service and Reserve Corps of the Public Health Service
5. The regulation also states other creditable service includes service as a member of the Army, Navy, or Air Force ROTC, provided the member has a concurrent Selected Reserve status (drilling status) for duty performed on or after
1 August 1979.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his PEBD should be corrected to 23 August 1976 because that is the date he enlisted in the ROTC.
2. The governing regulation states creditable service includes service as a member of the Army ROTC only provided the member has concurrent Selected Reserve (drilling status) for duty performed on or after 1 August 1979.
3. His creditable service for pay began when he was appointed as a Reserve commissioned officer on 16 May 1978.
4. Based on the foregoing, it appears the computation of the applicant's PEBD was properly calculated as 16 May 1978. 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) AR20130001003
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ABCMR Record of Proceedings (cont) AR20130001003
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