MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            25 March 1999
	DOCKET NUMBER:   AC98-11992
                                              AR1998014443

	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. Loren G. Harrell		Director	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Lester Echols		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 his military records be corrected to show he enlisted in the pay grade of E-4 and that he receive any back pay and allowances due him.

APPLICANT STATES:  That he held a bachelor’s degree at the time of his enlistment and should have been enlisted at grade E-4.

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

On 10 February 1993 the applicant enlisted in the Army for 4 years in accordance with the Army Training Enlistment Program option for training as a personnel management specialist (75C).  The applicant had completed a 4-year course of accredited study and held a bachelor’s degree.  His enlistment contract provided that he be enlisted in the rank of private first class (E-3) with accelerated advancement to the rank of specialist (E-4) upon completion of 4 months of continuous active military service. 

On 25 March 1993 the applicant’s commander initiated a recommendation to separate him from the service under the provisions of Army Regulation 635-200, chapter 11, an entry level separation.  The commander cited as the basis for his recommendation the applicant’s prejudicial remarks to another soldier and his unwillingness to follow safety procedures on the rifle ranges.  The applicant consulted with counsel, elected not to make a statement in his own behalf and declined  a separation medical examination.

On 12 April 1993 the appropriate authority approved the recommendation and directed that he be discharged from the Army.  His service was uncharacterized. The narrative reason for separation was shown as “Entry Level Status Performance and Conduct.”  He was not transferred to the Individual Ready Reserve.

Accordingly, the applicant was separated on 15 April 1993 with an uncharacterized entry level discharge.  He had completed 2 months and 6 days of creditable active service.

Army Regulation 601-210, at table 2-3, rule E5, then in effect, provided that individuals who had successfully completed an accredited, degree-producing college program of 4 years duration (120 semester or 180 quarter hours) (bachelor’s degree required) would be enlisted in pay grade E-3, with advancement to pay grade E-4 after completion of 4 months active military service and recommendation by the unit commander.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant enlisted in the Army in the pay grade of E-3, with the contractual agreement that he would be advanced to pay grade E-4 upon completion of 4 months active military service and the recommendation of his unit commander.  However, the applicant was administratively separated from the service prior to serving the 4 months required for receiving an accelerated advancement to E-4.

2.  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

____x___  ____x___  ____x___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11992/AR1998014443	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999MAR25	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.09	
2.		
3.		
4.		
5.		
6.