PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 November 1998                   
	DOCKET NUMBER:   AC98-09894

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Juanita I. Williams 		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Robert W. Garrett		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his DD Form 4/3 (enlistment contract) be corrected to show his pay grade as (E-1) instead E-2.  

3.  The applicant states that block 21 of his DD Form 4/3 incorrectly reflects his pay grade as E-2.  

4.  The applicant’s military records show that he enlisted in the Delayed Entry Program (DEP) of the USAR on 4 June 1998 for 8 years in pay grade E-1 with an understanding that he would be ordered to active duty as a reservist unless he enlisted in the Regular Army by 17 July 1998.  

5.  The applicant was discharged from the DEP, and on 17 July 1998 he enlisted in the Regular Army for a period of 5 years.  His enlistment pay grade is shown on his DD Form 4/3 as E-2.  

6.  In the processing of this case an advisory opinion was obtained from the Chief, Retention Management Division, Total Army Personnel Command (PERSCOM), who stated that the applicant’s DD form 4/3 reflects an incorrect pay grade of E-2.  Further, his enlistment documents do not indicate that he was eligible for accelerated promotion to pay grade E-2.  Therefore, it was recommended that his DD Form 4/3, line 21a, be changed to read E-1 instead of E-2.  

7.  Army Regulation 601-210 provides -----------------------------------

CONCLUSIONS:

1.  Ordinarily, the Board would not correct a record in such a manner that it effectively makes the applicant worse off than he was before he petitioned the Board.  

2.  In this case, however, it is apparent that an error was made by the Department in recording the applicant’s enlistment grade on his DD Form 4/3, and in accordance with the controlling regulation, only this Board may correct this type of error.   

3.  The Board notes that an individual enlists in the DEP for the sole purpose of later entering active duty.  Time spent in the DEP awaiting entry on active duty does not provide any opportunity for promotion. 

4.  To further substantiate that the applicant’s enlistment pay grade was, in fact, in error, the PERSCOM reviewed the accelerated promotion criteria set forth in the applicable regulation and concluded that the applicant did not meet the criteria for an accelerated promotion.  

5.  It is not known if the applicant has received any pay as an E-2 since entering active duty.  However, it would preclude an injustice being done to the applicant if his records were corrected to show service in a de facto status, which would entitle him to retain any money he may have erroneously received as an E-2, based upon his enlistment contract.   

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected to show that the individual concerned enlisted in the Regular Army in pay grade E-1 on 17 July 1998 by changing line 21a of his DD Form 4/3 from 
E-2 to E-1. 

2.  That any period of time he spent on active duty erroneously in pay grade E-2 be declared service in a de facto status.  

BOARD VOTE:  

__GDP__  _CLA___  __RWG__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON