ABCMR Record of Proceedings (cont) AR20050004590
RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 December 2005
DOCKET NUMBER: AR20050004590
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun / DirectorMs. Beverly A. Young / Analyst
The following members, a quorum, were present:
Mr. James Hise / ChairpersonMr. Ronald Blakely / Member
Ms. Jeanette McCants / Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
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ABCMR Record of Proceedings (cont) AR20050004590
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that he receive back pay as an E-4 over 6years based on the correction of his basic active service date (BASD) and pay entry basic date (PEBD).
2. The applicant states that he had his BASD and PEBD updated which indicates he should have received pay as an E-4 over 6 years prior to the date of his entry into the Army on 5 March 2002.
3. The applicant provides a DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes), two DD Forms 214 (Certificate of Release or Discharge from Active Duty), his Retirement Points Accounting Statement, and his Enlisted Record Brief.
CONSIDERATION OF EVIDENCE:
1. The applicant initially enlisted in the U.S. Air Force Reserve on 27 October 1989 apparently in a Delayed Entry Program (DEP). He enlisted in the Regular Air Force on 14 December 1989 and was released from active duty on 22 May 1992 in the rank of private first class (PFC), pay grade E-3. He was transferred to the U.S. Air Force Reserve on 23 May 1992 to complete his Reserve obligation and continued to serve in this component until 26 October 1997.
2. After a break in service, the applicant enlisted in the Regular Army on 5 March 2002 in pay grade E-4 for a period of four years.
3. The applicant's military pay records at the Defense Finance and Accounting Service (DFAS) show the effective date of pay grade E-4 as 5 March 2002 with 5years of service for pay.
4. His military pay records at DFAS also show the effective date of pay grade
E-4 with 6 years of service for pay as 26 October 2003.
5. The applicant's DA Form 1506 prepared on 20 May 2004 shows his BASD as 26 September 1999 and his PEBD as 22 April 1994.
6. His Enlisted Record Brief prepared on 3 June 2004 shows his BASD as 26September 1999 and PEBD as 22 April 1994.
7. On 6 July 2004, the applicant was discharged from active duty under the provisions of Army Regulation 635-40, paragraph 4-24b(3) based on disability with severance pay. He completed 2 years, 4 months, and 2 days of active military service during this period.
DISCUSSION AND CONCLUSIONS:
1. It appears the applicant served in the U.S. Air Force Reserve under the DEP from 27 October 1989 to 13 December 1989.
2. The applicant enlisted in the Regular U.S. Air Force on 14 December 1989, was released from active duty on 22 May 1992, and served in the U.S. Air Force Reserve until 26 October 1997 when his 8-year military service obligation ended.
3. The applicant enlisted in the Regular Army on 5 March 2002 in pay grade E-4. Records at DFAS show at that time he was credited with 5 years of service for pay purposes. However, since he had previously completed his 8-year military service obligation (only his 1 month and 18 days in the DEP was not creditable for pay) then he should have been credited with 7 years, 10 months, and 13 days of service for pay. Therefore, he should have been paid as an E-4 over 6 years at the time of his enlistment on 5 March 2002.
BOARD VOTE:
JH______RB______JM______GRANT FULL RELIEF
______GRANT PARTIAL RELIEF
______GRANT FORMAL HEARING
______DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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:
a. by showing his PEBD was 22 April 1994 at the time he enlisted on 5March 2002; and
b. by paying him any and all due back pay and allowances as an E-4 over 6 years effective 5 March 2002.
James Hise______
CHAIRPERSON
INDEX
CASE ID / AR20050004590SUFFIX
RECON / YYYYMMDD
DATE BOARDED / 20051220
TYPE OF DISCHARGE / (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE / YYYYMMDD
DISCHARGE AUTHORITY / AR . . . . .
DISCHARGE REASON
BOARD DECISION / GRANT
REVIEW AUTHORITY / Mr. Schneider
ISSUES 1. / 128.1500
2.
3.
4.
5.
6.
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