B-168944, MAR. 6, 1970

B-168944, MAR. 6, 1970

PAY--ENLISTED MEMBERS--PAY ADJUSTMENT CLAIM WHILE MEMBER WHO ENLISTED IN REGULAR ARMY, JAN. 9, 1967, AND ENTERED ON ACTIVE DUTY, MAR. 13, 1967, WAS ADVANCED TO PRIVATE E-2, JULY 13, 1967, WITH SUBSEQUENT PAY ADJUSTMENT NOT INCLUDING ANY PAY DIFFERENTIAL FROM MAY 9 TO JUNE 12, 1967, AND PROMOTION TO E-2 PURSUANT TO PAR. 7 19, AR 600- 200, IS NOT AUTOMATIC BUT REQUIRES APPROPRIATE ADMINISTRATIVE ACTION BY CUSTODIAN OF MEMBER'S PERSONNEL RECORDS, MEMBER IS ENTITLED TO BASIC PAY DIFFERENTIAL BETWEEN PRIVATE, E-1 (UNDER 4 MONTHS), AT $90.60 PER MONTH AND E-1 AT $96.90 PER MONTH FROM MAY 9 THROUGH JULY 12, 1967, SINCE HE COMPLETED 4 MONTHS' SERVICE FOR PURPOSE OF COMPUTING BASIC PAY UNDER 37 U.S.C. 205(A) ON MAY 8, 1967.

TO SPECIALIST FIVE LLOYD E. DECATO:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 8, 1969, IN EFFECT REQUESTING REVIEW OF SETTLEMENT OF OUR CLAIMS DIVISION DATED OCTOBER 30, 1969, WHICH DISALLOWED YOUR CLAIM FOR THE DIFFERENCE BETWEEN THE BASIC PAY OF A PRIVATE, E-1 (UNDER 4 MONTHS), AND THAT OF A PRIVATE, E-2, FOR THE PERIOD FROM MAY 9, 1967, THROUGH JULY 12, 1967.

SPECIAL ORDERS NO. 46, DATED MARCH 13, 1967, BY WHICH YOU WERE ASSIGNED TO ACTIVE DUTY, INDICATES THAT YOU ENLISTED IN THE REGULAR ARMY AT MANCHESTER, NEW HAMPSHIRE, ON JANUARY 9, 1967, UNDER SECTION VI, CHAPTER 6, AR 601-210, PROVIDING FOR ENLISTMENT OF HIGH SCHOOL GRADUATES FOR SPECIAL ARMY SCHOOLING. HOWEVER, AN EXAMINATION OF YOUR PAY RECORDS DISCLOSES THAT YOUR BASIC PAY WAS COMPUTED ON THE BASIS THAT MARCH 13, 1967, THE DATE YOU ENTERED UPON ACTIVE DUTY, WAS YOUR BASIC PAY ENTRY DATE UNTIL, BY VIRTUE OF SPECIAL ORDERS NO. 98, DATED MAY 6, 1969, YOUR SERVICE FOR PAY PURPOSES WAS RECOMPUTED ON THE BASIS OF YOUR CORRECT BPED OF JANUARY 9, 1967, AND ADJUSTMENT OF YOUR PAY WAS MADE ON YOUR PAY VOUCHER FOR THE MONTH OF JUNE 1969. SINCE THAT ADJUSTMENT DID NOT INCLUDE ANY DIFFERENCE IN PAY FOR THE PERIOD FROM MAY 9 TO JUNE 12, 1967, YOU MADE CLAIM FOR THE DIFFERENCE IN PAY YOU WOULD HAVE RECEIVED IF YOU HAD BEEN PROMOTED TO PRIVATE, E-2, EFFECTIVE MAY 9, 1967, AT THE EXPIRATION OF 4 MONTHS AFTER THE DATE OF YOUR ENLISTMENT, INSTEAD OF JULY 13, 1967, THE DATE YOU ACTUALLY WERE ADVANCED TO PRIVATE, E-2.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT WHILE YOUR BASIC PAY ENTRY DATE OF JANUARY 9, 1967, ENTITLES YOU TO LONGEVITY COMPUTED FROM THAT DATE, YOU WERE NOT IN SERVICE FOR PAY PURPOSES UNTIL MARCH 13, 1967, AND SINCE YOU DID NOT COMPLETE THE 4 MONTHS REQUIREMENT FOR PROMOTION TO PRIVATE, E-2, UNTIL JULY 12, 1967, NO FURTHER AMOUNT IS DUE YOU. SINCE YOUR LONGEVITY FOR PAY PURPOSES IS COMPUTED FROM JANUARY 9, 1967, YOU INDICATE THAT YOU BELIEVE YOU WERE ENTITLED TO THE PAY OF A PRIVATE, E-2, AS OF MAY 9, 1967.

PARAGRAPH 7-19 OF AR600-200, PROVIDES THAT NORMALLY "ENLISTED PERSONNEL OF ALL COMPONENTS WILL BE ADMINISTRATIVELY ADVANCED TO PRIVATE, E-2, UPON COMPLETION OF 4 MONTHS SERVICE FOR PAY PURPOSES (OTHER THAN ACTIVE DUTY SERVICE IS CREDITABLE IN THIS COMPUTATION--- SEE BPED, PARA 9-29B)" AND THAT ADVANCEMENT WILL BE ACCOMPLISHED BY THE CUSTODIAN OF THE PERSON'S PERSONNEL RECORDS. PARAGRAPH 9-29B PROVIDES THAT THE INDIVIDUAL'S BPED WILL REFLECT DATE FROM WHICH CREDITABLE SERVICE FOR BASIC PAY IS CALCULATED AND THAT SERVICE TO BE COUNTED AND MANNER OF COMPUTATION SHOULD BE IN ACCORDANCE WITH CHAPTER 1, PART 1, AR 37-104.

PARAGRAPH 10101 OF AR 37-104, IN EFFECT DURING THE PERIOD COVERED BY YOUR CLAIM, PROVIDED, AS PERTAINS TO YOUR CASE, THAT IN ADDITION TO ACTIVE SERVICE AS AN ENLISTED PERSON IN ANY REGULAR COMPONENT, FULL TIME WILL BE CREDITED FOR ALL PERIODS DURING WHICH THE MEMBER WAS ENLISTED IN ANY OF THE REGULAR COMPONENTS OF THE UNIFORMED SERVICES.

IT SEEMS REASONABLY CLEAR THAT YOU ENLISTED IN THE REGULAR ARMY ON JANUARY 9, 1967, AND THAT YOU WOULD HAVE BEEN PERMANENTLY PROMOTED TO THE GRADE OF PRIVATE, E-2, ON MAY 9, 1967, HAD YOUR PAY RECORDS THEN REFLECTED YOUR CORRECT BPED. HOWEVER, ADVANCEMENT TO PRIVATE, E-2, PURSUANT TO PARAGRAPH 7-19, AR 600-200, IS NOT AUTOMATIC. APPROPRIATE ADMINISTRATIVE ACTION TO ACCOMPLISH THAT RESULT IS REQUIRED BY THE CUSTODIAN OF THE MEMBER'S PERSONNEL RECORDS. SINCE IT APPEARS THAT NO ACTION WAS TAKEN TO ADVANCE YOU TO THE GRADE OF PRIVATE, E-2, PRIOR TO JULY 13, 1967, NO RIGHT TO THE PAY OF THAT GRADE ACCRUED TO YOU PRIOR TO THAT DATE.

SINCE, HOWEVER, YOU COMPLETED 4 MONTHS OF SERVICE FOR THE PURPOSE OF COMPUTING YOUR BASIC PAY UNDER THE PROVISIONS OF 37 U.S.C. 205 (A) ON MAY 8, 1967, YOU ARE ENTITLED TO THE DIFFERENCE BETWEEN THE BASIC PAY OF A PRIVATE, E-1 (UNDER 4 MONTHS), AT $90.60 PER MONTH AND OF A PRIVATE, E-1, AT $96.90 PER MONTH FOR THE PERIOD FROM MAY 9, 1967, THROUGH JULY 12, 1967, OR $13.44. ACCORDINGLY, OUR CLAIMS DIVISION IS THIS DAY BEING INSTRUCTED TO ISSUE A SETTLEMENT IN THAT AMOUNT IN YOUR FAVOR.