MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:          2 May 2002                  
	DOCKET NUMBER:  AR2001063155

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Walter T. Morrison 		Member	
	Mr. Christopher J. Posser		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 her records be corrected to show that she was entitled to pay grade O-1E when she entered on active duty in the Active Guard and Reserve (AGR) program.

APPLICANT STATES:  She had served in an enlisted status in the Army National Guard (ARNG) since April 1986, and had been employed as a unit technician with her ARNG unit since March 1990.  She accepted a commission as a second lieutenant in the ARNG and entered on active duty in the AGR program.  She has now discovered that neither her prior enlisted service nor her experience as a unit technician count in qualifying her for an O-1E pay grade or for retired pay for years of service.  

In support of her application she submits a Notification of Personnel Action, 
SF 50-B, which shows her service computation date in the civil service as 18 January 1990, and that she was terminated from her civil service job on 28 August 1998 because of her “Loss of compatible mil membership due to accepting her commission as 2LT.”

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

She enlisted in the ARNG on 9 April 1986, was awarded the military occupational specialties of administration specialist and finance specialist, and was promoted to pay grade E-7.  She was honorably discharged from her enlisted status on 4 July 1998 due to her acceptance of a commission.

The applicant’s records do not contain any documentation which shows when she entered active duty in the AGR program.

Department of Defense Military Pay and Allowances Entitlements Manual, paragraph 10105, states that commissioned officers in pay grades 0-1, 0-2 and 0-3 are entitled to the special rate of pay of 0-1E, 0-2E and 0-3E, if the officer has had over 4 years of active service as an enlisted member.  In computing active enlisted service, active duty for training in an enlisted status is creditable.

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 has not shown that she has 4-years of active enlisted service.  As such, she is not entitled by law and regulation to be paid as an O-1E.  As a soldier holding the MOS’ of administration specialist and finance specialist, it must be presumed that she was aware of this limitation when she accepted her commission.

2.  Since ADT performed as a reservist assigned to a USAR unit is credited when determining whether an officer on active duty qualifies for O-1E pay, the Board concludes there is no inequity in this case.  

3.  As for the applicant’s federal civil service, there are no provisions in law or regulation in which to count that service towards qualifying for O-1E pay, or in which to count that service towards retirement eligibility for years of service in the Army.  

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

___fne __  ___cp____  _____wtm  DENY APPLICATION

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

INDEX

CASE ID	AR2001063155	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020502	
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.	128.00	
2.		
3.		
4.		
5.		
6.