MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           11 October 2001                 
	DOCKET NUMBER:   AR2001054199

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Jose A. Martinez		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:  That his Pay Entry Basic Date (PEBD) be corrected from 7 September to 9 April 1991, and that he be given the back pay this correction will necessitate.

APPLICANT STATES:  Since he was commissioned on 9 April 1991, that date is his PEBD.  He discovered the error while he was serving in the Regular Air Force, after he had completed his service in the Army, but was told by the Air Force that they could not fix the problem since the problem was caused by actions taken by the Army.  The applicant then details his efforts to correct his PEBD.

In support of his application he submits leave and earnings statements which show that his pay was based on a PEBD of 7 September 1991.

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

The applicant was commissioned as a first lieutenant, US Army Reserve, on 9 April 1991.

He was commissioned as a captain, Dental Corps, on 7 September 1991, and was honorably released from active duty at the expiration of his term of obligated service on 7 September 1995.

Army Regulation 135-101 provides the policy and sets forth the procedures for the Reserve appointment of Army Medical Department (AMEDD) officers with or without a concurrent call to active duty.  General provisions for entry grade determination specify that entry grade credit will (except as limited by maximum credit limits) be the sum of constructive credit plus credit for prior service.  Entry grade credit is used only to determine entry rank and date of rank, which controls time in grade and promotion eligibility.

The Department of Defense Pay Manual (DODPM), paragraph 10102, provides for incorporating prior service into constructive service credit for AMEDD officers.

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

1.  The applicant was re-commissioned as a captain, Medical Corps, upon his entry on active duty in the Army on 7 September 1991.  Since all prior service is incorporated into determining an AMEDD officer’s constructive service credit, it is not creditable in establishing the officer’s PEBD.  As such, the applicant’s correct PEBD is, in fact, 7 September 1991.

2.  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

___mdm     ___jhl___  ___jam__  DENY APPLICATION

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

INDEX

CASE ID	AR2001054199	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011011	
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.	102.08	
2.		
3.		
4.		
5.		
6.