IN THE CASE OF: BOARD DATE: 28 February 2023 DOCKET NUMBER: AR20220003879 APPLICANT REQUESTS: In effect, that his basic active service date (BASD), pay entry basic date (PEBD), and his date initially entered military service (DIEMS) all show the same date of 24 September 2015. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 71 (Oath of Office – Military Personnel) * U.S. Army Human Resources Command (HRC) Orders, with two amendments FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). However, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he would like the BASD, PEBD, and DIEMS all to match. In a subsequent email, the applicant clarified that he is asking the Board to correct the dates because his personnel officer had noticed the date discrepancies and recommended he apply to the ABCMR. In support of his request, the applicant provides documents from his official military personnel file. 3. A review of the applicant's service records shows: a. On 27 May 2015, the applicant filed an application for an appointment as a Regular Army commissioned Officer. On 29 July 2015, HRC issued orders showing the applicant's appointment in the Regular Army; the orders further stated, "Effective upon execution of oath of office, individuals are ordered to active duty as Regular Army commissioned officers." b. HRC Orders Number A-08-504698, dated 17 August 2015, called the applicant to active duty in a voluntary indefinite status and directed him to report, on 24 September 2015, to Fort Sam Houston, TX to complete a Basic Officer Leader Course. c. On 24 September 2015, the applicant executed his oath of office as a Regular Army commissioned officer in the Medical Service Corps. d. Effective 8 September 2017, the Army promoted the applicant to captain (CPT)/O-3. He is currently serving on active duty. e. Section III (Service Data) on the applicant's Officer Record Brief (ORB) reflects the following: BASD – 20150923; PEBD – 20150923; DIEMS – 20150924; and Basic Date of Appointment – 20150924. f. The Service Data section of the applicant's online record in HRC's Soldier Management System (SMS) indicates the following: BASD – Blank; PEBD – 20150924; and DIEMS – 20150924 4. The applicant requests that his BASD, PEBD, and DIEMS date all align to the same date. a. The applicant's appointment order states, "Effective upon execution of oath of office, individuals are ordered to active duty as Regular Army commissioned officers." b. The current version of Department of Defense Financial Management Regulation (DOD FMR) Number 7000-14-R, Volume 7A (Military Pay Policy – Active Duty and Reserve Pay) provides definitive guidance on military pay matters. (1) Paragraph 2.1.1.1 (Creditable Service – Service Which is Creditable – General) states several military pay and personnel systems use a variety of dates to determine various entitlements. Among them is the date that denotes how much service a member has for the purpose of determining longevity pay rates. The Army refers to this date as the pay entry basic date (PEBD); however, the DOD FMR identifies this data element as "basic pay date." (2) Paragraph 2.4.1.1.2 (Computation of Creditable Service – Computing a Basic Pay Date) states, for officers, the date of acceptance of a commission is their basic pay date (i.e., PEBD). c. Army Regulation (AR) 600-8-7 (Retirement Services Program), currently in effect, defines DIEMS as the date a Soldier first entered the military, and it is used to identify the retirement plans for which he/she may be eligible. This date is fixed and cannot be changed. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence shows the applicant was issued orders stating effective upon execution of oath of office, he (and others) is ordered to active duty as Regular Army commissioned officers. He executed an oath of office on 24 September 2015. The DIEMS date is the date a Soldier first entered the military, and it is used to identify the retirement plans for which he/she may be eligible. This date is fixed and cannot be changed. The basic pay date (also PEBD) is the date of acceptance of a commission. Both the DIEMS date and PEBD are correctly listed as 24 September 2015 in the Service Data section of the applicant's online record in HRC's Soldier Management System indicates. The Board found no error or injustice. 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. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Department of Defense Financial Management Regulation (DOD FMR) Number 7000-14-R, Volume 7A (Military Pay Policy – Active Duty and Reserve Pay), currently in effect, provides definitive guidance on military pay matters. a. Paragraph 2.1.1.1 (Creditable Service – Service Which is Creditable – General) states several military pay and personnel systems use a variety of dates to determine various entitlements. Among them is the date that denotes how much service a member has for the purpose of determining longevity pay rates. The Army refers to this date as the pay entry basic date (PEBD); however, the DOD FMR identifies this data element as "basic pay date." b. Paragraph 2.4.1.1.2 (Computation of Creditable Service – Computing a Basic Pay Date) states, for officers, the date of acceptance of a commission is their basic pay date (i.e., PEBD). 3. AR 600-8-7 (Retirement Services Program), currently in effect, defines DIEMS as the date a Soldier first entered the military, and it is used to identify the retirement plans for which he/she may be eligible. This date is fixed and cannot be changed. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003879 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1