PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           4 August 1999                   
	DOCKET NUMBER:   AR1999024090

	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. Loren G. Harrell		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. George D. Paxson		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his pay entry base date (PEBD) be corrected to show his service in the inactive status list of the Air Force and, in effect that he be authorized back pay for the period of Army active duty when he was not correctly paid.

3.  The applicant states when he entered Army active duty on 20 July 1993 his PEBD was not correctly shown and he did not receive the correct pay for his service.  He submits copies of documents from his Army and Air Force records in support of his application.

4.  The applicant’s military records show that he was appointed in the rank of captain, Medical Specialist, and entered active duty on 20 July 1993.  He completed 3 years active duty and was transferred to the Army Reserve on 19 July 1996.

5.  The applicant provides a copy of DA Form 1506 that is used to determine length of service for pay purposes.  This form was completed at Fort Sam Houston, Texas when he entered active duty.  It shows that he was credited with 9 years, 5 months, and 23 days active duty with an original PEBD of 12 December 1979.  It also shows that he had a break in service from 6 June 1989 to 19 July 1993.  His PEBD was established as 27 January 1984.

6.  Also provided by the applicant is a statement of service from the Air Force Personnel Center (AFPC) that shows he had been assigned to the Air Force Reserve in an active status from 5 June 1984 to 20 October 1990.  He was then transferred to the inactive status list of the Air Force on 21 October 1990 until he was discharged on 19 July 1993 when he accepted his Army commission.  The Air Force orders supporting the inactive status list assignment are also in the record.

7.  A memorandum provided by the applicant from the ARPC to the Defense Finance and Accounting Service (DFAS) states that the applicant was not credited for all of his Air Force Reserve service and request adjustment of his PEBD from 27 January 1984 to 12 December 1979.

8.  The DOD Pay Manual provides the policy for computation of creditable service for basic pay.  It provides that the basic date for pay purposes stays in effect if the military status continues without any breaks.

CONCLUSIONS:

1.  Considering all the facts in this case the applicant is entitled to correction of his PEBD to 12 December 1979 because he remained in a continuous military status without a break in service.  He is also entitled to the difference in pay he should have received while on active duty with the Army caused by the incorrect computation of his PEBD.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a.  by issuing a new statement of service that correctly reflects the total service time of the individual concerned as of 20 July 1993;

b.  by correcting his Army records to reflect his PEBD of 12 December 1979 as of 20 July 1993, and;

c.  by providing the DFAS the necessary documentation of the corrected PEBD and his Army active duty service records for DFAS to compute and pay him his back pay by virtue of this corrected entitlement.

BOARD VOTE:  

__fkm___  __inw___  __gdp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred K. McCoy
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999024090	
SUFFIX		
RECON		
DATE BOARDED	19990804	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	112.09	
2.	128.15	
3.		
4.		
5.		
6.