PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 July 2000                   
	DOCKET NUMBER:   AR2000041503

	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		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John H. Kern		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 her records for her last period of active duty be corrected to show she had 14 years of service for pay purposes.  

3.  The applicant states that she tried to get her records fixed while she was on active duty but it never was fixed.  A DA Form 1506, Statement of Service For Computation of Length of Service for Pay Purposes, was prepared but it was never processed.  Besides, she did not have her NGB Form 22, Report of Separation and Record of Service, at the time so that service was not listed on the NGB Form 22.

4.  The applicant’s military records show that she enlisted in the U. S. Army Reserve (USAR), Delayed Enlistment Program on 4 March 1980.  She enlisted in the Regular Army on 5 August 1980 and was released from active duty on          4 June 1985 after completing 4 years and 10 months of creditable active service. She served in the Individual Ready Reserve until 21 October 1985.  She reenlisted in the Regular Army on 22 October 1985.  She was released from active duty on 22 December 1991 after completing 6 years, 2 months and 1 day of creditable active service and transferred to the USAR.  She was discharged from the USAR on 23 December 1992.  She enlisted in the Army National Guard on 13 November 1997 and was discharged on 21 February 1999.  She reenlisted in the Regular Army on 22 February 1999 and was discharged for hardship reasons on 15 October 1999 after completing 7 months and 24 days of creditable active service.  Her total years of service creditable for pay was 14 years,            8 months and 23 days.

5.  The applicant’s DFAS Form 702, Defense Finance and Accounting Service Military Leave and Earnings Statement, for the month of October 1999 shows she had been paid as an E-5 with 6 years of service.  

6.  The Department of Defense Financial Management Regulation, volume 7A, chapter 1 states that active or inactive service in any of a number of listed components, to include the Regular Army and the Army Reserves, is a creditable service period for pay without restriction.  Service as an enlisted member in a Reserve Component before beginning active duty in a Regular Component, provided the member enlisted in the Reserve Component before 1 January 1985 (frequently referred to as the delayed enlistment program) is also creditable service for pay.

CONCLUSIONS:

1.  The Board concludes that a Government error occurred in this case, presumably as a result of the applicant’s first personnel office after her reenlistment of 22 February 1999 not having all of her prior service records.  

2.  Based upon the evidence of record and as noted in paragraph 4 above, the applicant had over 14 years of service for pay at the time she last reenlisted in the Regular Army on 22 February 1999.  She should have been paid as an E-5 over 14 years of service from her date of reenlistment until she was discharged on 15 October 1999.

3.  The Board notes that the applicant’s DD Form 214 for the period ending       15 October 1999, item 12e is incorrect.  She had just over 3 years of prior inactive service, not almost 8 years.  The Board will not correct this error as the applicant does not request its correction.

4.  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 showing that the applicant was paid as an E-5 with over 14 years of service for pay during the period 22 February – 15 October 1999 with the appropriate correction to her pay date.

2.  That the applicant be paid any and all pay and allowances due her as a result of the above correction.

BOARD VOTE:  

__tsk___  __sk____  __jhk___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Ted S. Kanamine
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000041503	
SUFFIX		
RECON		
DATE BOARDED	20000725	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.15	
2.		
3.		
4.		
5.		
6.