MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:           12 September 2000                    
	DOCKET NUMBER:   AR2000036629

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler 		Chairperson	
	Mr. Fred Eichorn 		Member	
	Ms. Carol Jo Suiter 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  In effect, that her pay grade be changed from Captain, pay grade 03 to Captain, pay grade 03E, and that she receive all back pay and allowances from 7 September 1989.    

APPLICANT STATES:  That she served on active duty as an enlisted member for 4 years from 10 August 1983 to 9 August 1987.  She was informed prior to her separation, to accept an ROTC scholarship, and upon return to active duty she would be paid as an officer with over 4 years of service as an enlisted soldier.  She states that other officers with four years of active enlisted service have been paid as such.   

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant served on active duty for 4 years from 10 August 1983 to                9 August 1987.  She was discharged at Fort Jackson, South Carolina in order to enroll in the ROTC scholarship program.  

On 7 July 1987 the applicant enlisted in the Army Reserve for 8 years as a cadet. On 13 May 1989 she was appointed a second lieutenant in the Army Reserve.  She was ordered to active duty with a reporting date of 10 September 1989 at Fort Sam Houston, Texas, to attend the Medical Services Officer Basic Course.  She was promoted to Captain on 1 October 1993 and has remained on continuous active duty.  She was promoted to Major on 1 May 2000.

In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Defense Finance and Accounting Service (DFAS) at Indianapolis.  An official of that agency stated that creditable prior enlisted service must be over 4 years of service in order for an officer to be entitled to the special rate of basic pay for pay grade 0-1E (second lieutenant), 0-2E (first lieutenant), or 0-3E (captain).  That official stated that documents show that the applicant had only served 4 years as an enlisted solider.  Consequently, her request should be denied.

In her rebuttal (COPY ATTACHED) to the advisory opinion, the applicant stated that she could not document the additional one day of service, and to deny her request based on one day seemed incredulous.  She stated that it would be an 

extreme exception to find anyone with exactly 4 years and 1 day of active duty credit.  She states that she was told, prior to applying for and accepting her scholarship, that she would receive the special pay rate as an officer with over     4 years of service as an enlisted soldier.  She agreed to extend her additional contract of three years for an additional year on active duty because of that understanding.  She also stated that she was forced to sell 41/2 days of leave and would gladly return the money she received if her request is granted. 

The Department of Defense Financial Management Regulation, section 0103, pertains to active enlisted and/or warrant officer service for members in basic pay grades 0-1E, 0-2E, or 0-3E.  It states in pertinent part, that commissioned officers with over 4 years of prior active service as an enlisted member, warrant officer, or combined service in both grades are entitled to count such service for purposes of computing basic pay for longevity purposes.  Such prior service includes all active service, in either the Regular or Reserve Component or both.  Service on active duty or active duty for training for at least 4 years and 1 day satisfies the over 4 years of service requirement under this section.  Subparagraph B of that section states that effective 20 May 1958, commissioned officers in pay grades 0-1, 0-2, or 0-3 who are credited with over 4 years (i.e., at least 4 years and 1 day) of prior active service as an enlisted member are entitled to the special rate of basic pay for pay grade 0-1E, 0-2E, or 0-3E.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The applicant did not have over 4 years of active service as an enlisted member.  She is not entitled to the special pay rate of basic pay she has requested.

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___cjs___  ___fe____  ___cmf__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000036629	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000912	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  302	128.00	
2.		
3.		
4.		
5.		
6.