MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 November 1998                   
	DOCKET NUMBER:   AC98-11042

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Irene E. Wheelwright		Member	
	Ms. Margaret K. Patterson		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 initial entry rank be changed from E-1 to E-2 and he receive back pay.

APPLICANT STATES:  He was an Eagle Scout when he enlisted and his recruiter did not inform him that he could enlist as an E-2 for having this award.
He submits his Eagle Scout certification.

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

He enlisted in the Regular Army on 9 September 1982 in pay grade E-1.  He was promoted to E-7 on 1 March 1996.

In the processing of this case, an advisory opinion was obtained from the Recruiting Policy Branch, Office of the Deputy Chief of Staff for Personnel.  The opinion noted that accelerated promotion due to being a recipient of the Eagle Scout Award from the Boy Scouts of America was not authorized until 30 March 1992.  It was not authorized at the time the applicant enlisted.

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

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  Accelerated promotion due to being a recipient of the Eagle Scout Award was not authorized at the time of the applicant’s enlistment in 1982.  He was properly enlisted in the grade of E-1.

3.  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

CMF_____  IEW_____  MKP_____  DENY APPLICATION

						Loren G. Harrell
						Director