PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 December 1998                   
	DOCKET NUMBER:   AC98-11816

	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.

3.  The applicant states he had an Associates Degree when he enlisted and he gave a copy of his transcripts to his recruiter.  He was promoted to Specialist Four (SPC), E-4 on 10 July 1998 but was never paid for PFC, E-3 from             16 August 1996 through 9 July 1998.

4.  The applicant’s military records show that he enlisted in the Regular Army on 16 August 1996 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 does substantiate the relief requested.  The documentation used to verify his education credentials was posted to the DD Form 1966 series but the promotion authority had not been properly annotated.  This was clearly a guidance counselor error.  He is entitled to advanced promotion to PFC E-3 as of 16 August 1966 and his promotion to SPC E-4 should be adjusted to coincide with this correction.  He should also receive the appropriate back pay.

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 16 August 1996 with a date of rank of 16 August 1996; 

     b.  adjusting his promotion to SPC, E-4 accordingly; and

     c.  paying him any back pay due him as a result of these corrections.

BOARD VOTE:  

RVO____  GDP____  JHK_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11816	
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.