MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:     

		BOARD DATE:          13 NOVEMBER 2003    
		DOCKET NUMBER:  AR2003087986

	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	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Ms. Eloise C. Prendergast		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 records be corrected by adjusting his date of rank (DOR), and allow his recoupment of monies lost from his base pay, basic allowance for housing (BAH), and variable housing allowance (VHA).  

APPLICANT STATES:  That an incorrect basic active service date (BASD) and DOR resulted in a delay in his promotions to pay grades E-3, E-4, E-5 and E-6, which caused him to lose monies from his base pay, BAH and VHA.  In support of this request the applicant provides copies of his enlistment contract, his computation of service, promotion orders, DA Form 2-1 (Personnel Qualification Record), and excerpts from Army Regulation’s 600-8-19 and 635-200.

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

The applicant served with the Missouri Army National Guard from 9 March 1984 until his discharge on 15 November 1989.  His NGB Form 22 (Report of Separation and Record of Service) indicates he was discharged from the Army National Guard in the pay grade of E-4, to enlist in the Regular Army.   

On 16 November 1989, he enlisted in the Regular Army for a period of 4 years, in the pay grade of E-2, with a date of rank of 16 November 1989.

The applicant’s BASD of 16 November 1989 was adjusted to 28 April 1989, awarding him credit for his prior active service.

In the processing of this case an advisory opinion was obtained from the Office of the Deputy Chief of Staff for Personnel, which recommends that the applicant’s request be denied.  The opinion states that the applicant’s BASD was adjusted to 28 April 1989 crediting him for prior federal service, and that an adjustment in his BASD has no bearing on, nor requires an adjustment in his DOR.  The applicant was provide a copy of the advisory opinion on 17 July 2003, and has not responded.

Army Regulation 600-20, provides in pertinent part, that a soldier of the Army National Guard who enlists within 24 months of his/her discharge in a grade lower than held at discharge, the DOR will be adjusted to reflect the original DOR (of the grade in which enlisting) plus elapsed time since discharge.  The applicant’s original DOR at enlistment was 16 November 1989, and there was no lapse of time between his discharge and enlistment in the Regular Army.  

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 separated from the Army National Guard on 15 November 1989, and enlisted in the Regular Army the next day, there was no lapse of time between his discharge and his enlistment in the Regular Army.  Therefore, no adjustment to his DOR is required.
 
2.  The applicant’s BASD was adjusted to 28 April 1989, crediting him with prior active federal service.  This adjustment did not necessitate a change or adjustment to his DOR.

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

__AAO __  __REB__  __ECP __  DENY APPLICATION

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

INDEX

CASE ID	AR2003087986	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031113	
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.	128.12	
2.	131.05	
3.		
4.		
5.		
6.