PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 December 1998                   
	DOCKET NUMBER:   AC98-11666

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. John H. Kern		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 correction of his records to show he enlisted as a Private First Class (PFC), E-3 with the appropriate back pay.

3.  The applicant states his college transcripts, which showed he had enough credits to qualify him for enlistment as a PFC, were lost at his recruiting station.

4.  The applicant’s military records show that he enlisted in the Regular Army on 21 January 1998 in pay grade E-1.

5.  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.  That office noted that supporting documentation and conversation with the applicant’s recruiter substantiate full administrative relief.  His promotion to PFC E-3 and date of rank should be adjusted to reflect his active duty entry date of 21 January 1998 and he should also receive back pay as an E-3 from that date.

CONCLUSIONS:

1.  A government administrative error was made in this case.  The applicant is entitled to full relief.

2.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by: 

     a.  showing the individual concerned enlisted in the rank and grade of PFC,  E-3 on 21 January 1998 with a date of rank of 21 January 1998; and

     b.   paying him any back pay due him from 21 January 1998 to the present for this correction.

BOARD VOTE:  

RVO__  GDP_____  JHK_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

	                                                                                            
		        CHAIRPERSON

INDEX

CASE ID	AC98-11666	
SUFFIX		
RECON		
DATE BOARDED	19981202	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	112.02	
2.	128.14	
3.		
4.		
5.		
6.