MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          28 January 1999      
	DOCKET NUMBER:   AC98-11994
				   AR1999019065

	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	
	Ms. Gale Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Robert W. Garrett		Member	
	Mr. Curtis L. Greenway		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 records be corrected by changing his date of rank (DOR) for pay grade E-5 to 1 October 1989.

APPLICANT STATES:  That his present DOR does not reflect his service of       4 months as an E-5 during his first enlistment.

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

On 2 October 1986, he enlisted in the Regular Army for a period of 3 years.

On 1 June 1989, he was promoted to the pay grade of E-5.

On 1 October 1989, he was honorably discharged, under the provisions of Army Regulation 635-200, chapter 4, for expiration term of service.  His Report of Separation indicates he had 3 years of creditable service.

On 13 May 1997, he reenlisted in the Regular Army for a period of 3 years in the pay grade of E-4.

On 1 February 1998, he met the promotion point cut-off score, and was promoted to the pay grade of E-5.

Army Regulation 601-210, (Regular Army and Army Reserve Enlistment Program) provides, in pertinent part, that prior service applicants enlisting within 24 months of separation will enlist in the grade of E-5, provided a valid vacancy exists for their Primary Military Occupational Specialty (PMOS), if no vacancy exists, the enlistment grade will be E-4, provided the applicant does not have more the 5 years active federal service.  Applicants who enlist after 24 months from completion of military service will have their enlistment grade determined by the Commanding General, Total Army Personnel Command (PERSCOM). 

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.  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.  The applicant was last separated from the Regular Army in the pay grade of E-5, but reenlisted after 24 months, and therefore had his enlistment grade determined by the CG, PERSCOM to be in the pay grade of E-4.

3.  The Board notes that the applicant was previously promoted to the pay grade of E-5, on 1 June 1989, prior to his relief from active duty on 1 October 1989, however, there are no provisions in Army Regulation 600-8-19 (Enlisted Promotions and Reductions) that would allow for the time he spent as an E-5 during his first enlistment, to be used to adjust his current E-5 date of rank.  

4.  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

___lls__  __rwg___  ___clg_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC9811994/AR1999019065	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990128	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 131.00		
2.		
3.		
4.		
5.		
6.