PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 March 2001
	DOCKET NUMBER:   AR2000048002

	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	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. William D. Powers		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 correction of his military records to show his pay entry basic date (PEBD) as 30 July 1978 and remission of indebtedness to the United States government that occurred as a result of this error.

3.  The applicant states that he requested three times for correction of his PEBD to reflect accurately his military service.  He further states that no one made an issue of this error until he tried to retire.  Due to this error he has incurred a debt of $6,176.60.  In support of his application he provides a copy of his request for remission or cancellation of indebtedness with supporting inclosures.

4.  The applicant’s military records show that at the time of his request he was serving on active duty in the rank and pay grade of sergeant first class E-7.  He had a scheduled date for retirement of 31 December 2000.

5.  The applicant enlisted in the United States Army Reserve (USAR) on 
20 November 1976 and incurred a 6 year obligation that terminated on 
19 November 1982

6.  On 28 June 1977 he enlisted in the Regular Army and served on active duty until his release from active duty on 26 June 1981 and transfer to the USAR.  He was discharged from the USAR on 19 November 1982.  On 27 December 1984 he again enlisted in the Regular Army and has remained on active duty.

7.  The applicant requested on 22 August 1985 correction of his PEBD from 
20 November 1976 to 30 July 1978.  He again made this request on 2 June 1986 and again on 24 November 1993.  All three statements of service show his PEBD as 20 November 1976 and do not account for his total break in service from 
20 November 1982 to 26 November 1984. 

8.  On 15 October 1999 another statement of service was published, this time accounting for the break in service and showing his correct PEBD of 30 July 1978.

9.  During the processing of this case the staff of the Board obtained an advisory opinion from the Chief, Retirements and Separations Branch, Total Army Personnel Command (PERSCOM).  It opined that the applicant’s correct PEBD is 30 July 1978 and recommended that the Board make whatever adjustments were necessary to the individual’s records.  The applicant was provided a copy of the opinion for his information and opportunity to rebut.  The Board has not received a response.

10.  Title 10, United States Code, section 651a, as changed by Public Law 98-94, effective 24 September 1983, provides that each person who becomes a member of an armed force shall serve in the armed forces for a total initial period of not less than six years nor more than 8 years, as provided in regulations prescribed by the Secretary of Defense.

CONCLUSIONS:

1.  The applicant originally incurred a 6-year military service obligation that expired on 19 November 1982.  Upon his return to active duty he made a reasonable effort on three separate occasions between 1985 and 1993 to have his PEBD corrected and his pay account adjusted to preclude any large debt.

2.  Based upon all of the evidence available to the Board, it appears that the applicant’s PEBD was not properly adjusted to account for his break in military service and therefore, he was overpaid an amount in excess of $6,176.60.

3.  The Board is of the opinion that the applicant took all reasonable actions in a timely manner to have this error corrected and monies recouped before it became a hardship on him and his family.  The 15-year delay in correcting this record is not the fault of the applicant.  Therefore, he should not now be made to suffer a hardship because of the Army’s oversight.

4.  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
by showing the PEBD of the individual concerned as 30 July 1978 and by cancellation of all debts to the United States government, incurred by the individual concerned, as a result of the PEBD error.

BOARD VOTE:  

__FNE__  __RJW__  __WDP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Fred N. Eichorn____
		        CHAIRPERSON

INDEX

CASE ID	AR2000048002	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010320	
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.	128.10	
2.		
3.		
4.		
5.		
6.