IN THE CASE OF: 
BOARD DATE: 22 March 2023 
DOCKET NUMBER: AR20220003407 


APPLICANT REQUESTS: in effect, adjustment of her basic active service date (BASD) and proper account of all her active service.  

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 

•Online DD Form 149 (Application for Correction of Military Record)

•Orders A-01-602142, 26 January 2006 to active duty

•Orders A-01-602142A01, amendment to Reserve duty

•DA Form 2166-8 (NCO Evaluation Report), Active Duty 200607 through 200601\

•Orders 039-33, Temporary Change of Station, 8 February 2006

•U.S. Army Reserve Discharge Orders 06-326-00019, 22 November 2006

•Regular Army DD Form 4 (Enlistment/Reenlistment Document) and allieddocuments, 5 February 2003

•DD Form 214 (Certificate of Release or Discharge from Active Duty), April 2003to 30 May 2004

•DD Form 214, 5 October 2006 to 16 July 2009

•2xDA Form 1059 (Service School Academic Evaluation Report), Warrior LeaderCourse and Basic NCO Course

•U.S. Army Reserve DD Form 4 (Enlistment/Reenlistment Document), 17February 2006, and allied documents

•NCO Evaluation Report, 7 February 2006 through 1 July 2006

•Active Duty Orders 198-363-A-971, 17 July 2009

•Warrant Officer Appointment Memorandum, 17 July 2009

•Oath of Office, 17 July 2009



FACTS: 

1.The applicant states she would like to have a DD Form 215 (Correction to DD Form214). She wants correction to the DA Form 5016 (Chronological Statement ofRetirement Points), in accordance with Army Regulation (AR) 140-185. The DA Form5016 is found to be incorrect. Her basic service active date (BASD) is incorrect andadded over a year onto her estimated retirement date of 2023. She had a break inservice while in Army Reserves. She served on active duty which was not reflected onthe DA Form 5016. She also transitioned to warrant officer which gave her anotherbreak in service from active duty to U.S. Army Reserve; however, she was active-duty status. With three transitions in her service statuses, her BASD was inaccurately calculated, and she would like to be credited for all her Active-Duty statuses.  

a.She transitioned from AD (active duty) to USAR (U.S. Army Reserve) and thendeployed while in USAR which enabled her to transfer back to AD status. She had to go through a recruiter and receive a new contract which incorrectly changed her BASD without calculating the Active Service in USAR. Then when she went warrant officer from Enlisted, she gained another DD Form 214 which reflected the incorrect BASD on last enlistment contract.  

b.She would like to submit a voluntary retirement request up to 12 months beforethe requested retirement date of 20230401 or not later than 9 months prior to the projected start date of transition leave. She currently would have 18 years, 10 months, 8 days including the end date of active federal service (AFS) if her BASD remained 20030401 and an officer must have 19 or more years AFS and be able to complete all service obligations by the retirement date. She planned to submit for retirement in April 2022 but with the incorrect BASD of 20040316, she is only being credited for 17 years, 10 months, 24 days including the end date which causes undue stress of preparing her Transition Assistance Program and future retirement expectations. 

c.Although she had a break into Army Reserves, her Active-Duty Status date werenot credited on DA Form 5016 based off Army Reserve Records Retirement History and Orders to Active Duty. She did not understand the calculation of these points and with the three transitions, it has become very confusing when the U.S. Army Human Resources Command Branch Manager told her she had to serve another year to retire. 

2.Review of the applicant’s service records shows:

a.She enlisted in the Regular Army on 1 April 2003, and she held militaryoccupational specialty 25B, Information Systems Operator. 

b.She was honorably released from active duty on 30 April 2005, and she wastransferred to a troop program unit of the U.S. Army Reserve to complete her remaining service obligations. Her DD Form 214 for this period of service shows she completed 2 years, 9 months, and 9 days of active service.  

c.Following her release from active duty, she was assigned to Headquarters andHeadquarters Company, 640th Area Support Group, a troop program unit of the USAR. 

d.On 26 January 2006, the U.S. Army Human Resources Command (HRC)published Orders A-01-602142 ordering her to active duty as member of the USAR for an active duty commitment of 180 days in support of Operation Iraqi Freedom, with duty in Kuwait, reporting on or about 5 February 2006 to 3 August 2006 

e.On 8 February 2006, Headquarters, U.S. Army Air Defense Artillery Center, FortBliss, TX, published Orders 039-33 ordering her on a temporary change of station for deployment to Kuwait, proceedings on or about 11 February 2006 to 8 August 2006. 

f.It is unclear when she entered active duty. However, other documents show sheserved in Kuwait from 5 February 2006 to 8 August 2006. 

g.On 17 February 2006, she executed a 6-year reenlistment in the U.S. ArmyReserve. Her DD Form 4 shows he executed this reenlistment while at Camp Arifjan, Kuwait. 

h.She received a Change of Rater NCO Evaluation Report covering the ratingperiod 7 February 2006 through 1 July 2006 for her duties as a Systems NCO at Headquarters, Army Central Command, Kuwait. 

i.Her record contains a DA Form 3286 (Regular Army Enlistment Delay forApplicants with prior Service or an Existing Military Obligation), dated 23 September 2006 that reflects her acknowledgement her application for enlistment in the Regular Army has been accepted and that she must remain qualified for enlistment in the Regular Army which is scheduled for 5 October 2006 for 3 years.  

•There is no DD Form 4 on file or provided to shoe she actually enlisted in theRegular Army on 5 October 2006

•There is a DD Form 1966 (record of Military Processing) indicating she wasenlisting for 3 years in MOS 25B

•There is another DA Form 3286, dated 5 October 2006 indicating herenlistment in the Regular Army is for 3 years



j.On 22 November 2006, Headquarters, 81st Regional Readiness Commandpublished orders discharging her from the U.S. Army Reserve effective 5 October 2006. The orders stated her enlistment in, or assignment to, the USAR on 30 April 2005 was terminated on the effective date of this order as a result of her immediate reenlistment in the Regular Army on 6 October 2006. 

k.On 29 October 2007, she executed a 6-year enlistment in the Regular Army. HerDD Form 4 shows she executed this enlistment while in Iraq. 

l.She was honorably discharged from active duty on 16 July 2009 to acceptappointment as a warrant officer. She was issued a DD Form 214 that shows she 

•entered active duty on 5 October 2006 (this date is questionable)

•completed 2 years, 9 months, and 12 days of active service this period (thisnet active service this period is also questionable)

•completed 2 years, 6 months, and 20 days of prior active service

•served in Kuwait from 5 February 2006 to 8 August 2006

•served in Iraq from 20 October 2007 to 20 November 2008



3.She was appointed as a Reserve warrant officer of the Army and executed an oathof office on 17 July 2009.

a.She was ordered to active duty for a 6-year commitment upon completion ofwarrant officer candidate course, effective 17 July 2009. 

b.She served in a variety of assignments, and she was advanced to chief warrantofficer three in August 2016 and to chief warrant officer four in August 2021. 

c.Her Officer Record Brief dated 23 November 2022, reflects a DIEMS (DateInitially Entered Active Duty) of BASD date of 2003-02-05 and a BASD of 2004-03-16. 

4.On 31 January 2023, the U.S. Army Human Resources Command provided anadvisory opinion in the processing of this case. The advisory official stated the purposeof this memorandum is to provide a response on [Applicant’s] inquiry relating to herBasic Active Service Date (BASD). HRC was able to provide partial relief. Only timespent on active duty counts towards the BASD date and an active federal serviceretirement. After computing a DA Form 1506, the applicant’s BASD was adjusted from16 March 2004 to 11 February 2004.

5.The applicant was provided with a copy of this advisory opinion to give her anopportunity to submit comments. She did not respond.

6.Based on the applicant’s orders to active duty in 2006 together with her temporarychange of station, her NCO Evaluation Report for the period 7 February 2006 through1 July 2006, and her service in Kuwait from 5 February 2006 to 8 August 2006, it islikely the applicant entered active duty on 5 February 2006. Her DD Form 214 lists thedate of entry as 5 October 2006. Also, if the 5 February 2006 is accurate, then the netactive service completed this period should be 3 years and 20 days vice the current2 years, 6 months, and 20 days.

BOARD DISCUSSION: 

After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined no further relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the application.



Based upon the findings outlined within the HRC advisory opinion, the lack of any rebuttal of those findings submitted by the applicant, and validation that the HRC opinion has already been corrected in the applicant's record, the Board concluded there was insufficient evidence of an error or injustice warranting any further corrections to the applicant's record.  As a result, the Board recommended denying any further relief in the applicant's request.BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:X :X :X DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 




The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


REFERENCES: 

1.DOD Financial Management Regulation, Volume 7A, Chapter 1 provides forcreditable service.

a.The military pay and personnel systems use a variety of dates to determinevarious entitlements. Among them is the date which denotes how much service a member has for the purpose of determining longevity pay rates. The Army refers to this as the pay entry basic date, the Navy and Marine Corps refer to this as the pay entry base date, while the Air Force calls it simply the pay date. This chapter will refer to it as the basic pay date, which is defined as reflecting all service which is creditable towards longevity. 

b.The member's servicing personnel office is responsible for providing, whennecessary, a statement of service which can include the basic pay date, total active Federal military service date, total commissioned Federal military service date, and a variety of other dates, depending on the nature of the individual member's service. This regulation details only the computation of the basic pay date, since service personnel regulations control the computation of all other dates. 

c.Computation of Creditable Service. For most members who enter and serve onactive duty without a break in service, the basic pay date is the date the member enters active or inactive service. If however, there is a break in service, the time between periods of service usually is not included. Also, there are statutory periods when service in a particular component may not be counted. Conversely, there are periods for which some members are given constructive service, even though they were not actually serving on active or inactive duty.  

2.According to the Army Benefits Center, in most cases, Soldiers who have completed20 years of active service are eligible to receive Retired Pay at the end of their career.The Date of Initial Entry into Military Service (DIEMS) determines which of the threeretirement systems a Soldier falls under. Retired Pay amount and requirements dependon whether a Soldier qualifies for active duty retired pay or non-regular retired pay(Reserve Component). Service members who accumulate 20 or more years of activeservice are eligible for retirement. The years of creditable service for computation of theretired pay percentage multiplier include all active duty and any credited reserve pointsdivided by 360.

//NOTHING FOLLOWS//