PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            30 March 2000                  
	DOCKET NUMBER:   AR1999024495

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Barbara J. Ellis		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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 Basic Date (PEBD) be corrected from 24 August 1989 to 6 March 1977 and that he be given the difference of pay that change will necessitate.

3.  The applicant states that his PEBD changed without any apparent reason when he was assigned to his last unit, but he was told by his commander not to worry about it.

4.  In support of his application he submits copies of Leave and Earning Statements (LES), some of which show his PEBD as 6 March 1977 and others which show his PEBD as 24 August 1989.

5.  The applicant’s military records show that he enlisted in the USAR on 14 November 1975, was in the advanced course ROTC from 6 September 1977 to 23 May 1979 (a total of 1 year, 8 months and 17 days) and was commissioned as a second lieutenant, USAR, on 24 May 1979.  He continued to serve in the USAR, being promoted to captain.

6.  The Department of Defense Pay Manual, paragraph 10103.f, states that for a commissioned officer, any period of ROTC service after 13 October 1964 is not creditable, except for times the cadet held concurrent Reserve status (ROTC/SMP).

7.  A PEBD is calculated by taking the date an individual establishes an active status in the military and adding any time the individual had no military status (discharged) or was in a military status which is not creditable by law.

CONCLUSIONS:

1.  It is apparent that an error was made in establishing the applicant’s PEBD.

2.  However, it appears that his PEBD should have been 31 July 1977, not 6 March 1977.

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

RECOMMENDATION:

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

a.  showing that the PEBD of the individual concerned is 31 July 1977; and

	b.  paying to him the difference in pay this correction will necessitate.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__bje ___  ___hof__  ___ewl __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Barbara J. Ellis____
		        CHAIRPERSON

INDEX

CASE ID	AR1999024495	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000330	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	112.09	
2.		
3.		
4.		
5.		
6.