MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            7 December 2000                  
	DOCKET NUMBER:   AR2000043883

	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. Raymond V. O’Connor 		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. John P. Infante 		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, the applicant requests that his pay grade be changed from first lieutenant, pay grade 02 to first lieutenant, pay grade 02E.

APPLICANT STATES:  That he enlisted in the Army for four years on                 26 June 1988, and was placed in a delay status until basic training started on      12 July 1988.  His original separation (ETS) date was supposed to have been on 12 July 1992, but because that date fell on a weekend, his ETS was adjusted to 10 July 1992 rather than 13 July 1992, a Monday.  Therefore, he had 3 years,    11 months, and 29 days of active duty as an enlisted solider. 

He has been in the National Guard and/or inactive Ready Reserve while pursuing a commission, which he received on 10 May 1996.  He entered active duty once again on 26 November 1999, and discovered that he had less than four years of active service as an enlisted soldier.  He requests that his record be corrected to reflect his discharge on 13 July 1992.  

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

The applicant’s DD Form 214 shows that he enlisted in the Army on 12 July 1988 and was released from active duty on 10 July 1992 at Fort Polk, Louisiana.  He had 3 years, 11 months, and 29 days of service.

An Enlistment/Reenlistment Document (DD Form 4/1-E) shows that the applicant enlisted in the Army National Guard for three years on 12 July 1992.

The applicant’s Army National Guard retirement point history statement of           3 November 1992 shows that he was on active duty from 12 July 1988 to          10 July 1992, as does a 5 January 2000 statement of service. 

In the processing of this case an advisory opinion was obtained from the Retirements and Separations Section of the Total Army Personnel Command.  That command stated that the applicant’s records clearly show that he enlisted in the Regular Army on 12 July 1988 and was released from active duty on           10 July 1992.  His DD Form 214 could not be changed by that agency.  The applicant was forwarded a copy of the advisory opinion.  He failed to respond. 

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, it is concluded:

1.  The applicant did not have 4 years of active service as an enlisted soldier, as he himself has stated.  He is not entitled to have his record changed to show that he was released from active duty on 13 July 1992, in effect, giving him 4 years and 2 days of active service as an enlisted soldier.  His record is correct. 

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 that 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

___rvo___  ___ewl__  ___jpi___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043883	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001207	
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. 237	128.00	
2.		
3.		
4.		
5.		
6.