PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 July 1999                    
	DOCKET NUMBER:   AR1999021355

	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	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Robert G. Hinkle		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, in effect, that his records be corrected to show that he enlisted in the USAR in grade E-5.

3.  The applicant states, in effect, that he was enlisted as an E-4 because of administrative error.

4.  The applicant’s military records show that he served on active duty from 8 October 1985 to 22 August 1995 when he was separated from active duty in grade E-5 as a result of reduction in force authorization.  His DD Form 214 (report of separation) shows that he had served on active duty as a track vehicle repairer with a secondary skill of automated logistics specialist.

5.  On 8 May 1998 the applicant enlisted in the USAR for an authorized unit position as an automated logistics specialist.  The enlistment documents in the available record cite Army Regulation 601-210, paragraph 3-18c. as the enlistment authority for pay grade E-4.

6.  Army Regulation 601-210 provides the policy for enlistment in the USAR.  Paragraph 3-18c. specifies that enlistment after 30 months from last separation will be at least one grade lower then the grade held at last separation.  It also states that Note 1 applies.  Note 1 provides authorization for enlistment in the grade last held when discharged if the skill for which enlisting was the same as the previous skill held on previous service.

7.  Information provided by the Office of the Deputy Chief of Staff for Personnel in similar cases revealed that the skill held by the soldier in the previous period of service could be either their primary or additional skill to meet the requirements of Note 1.

8.  Information supplied by the applicant’s current unit revealed that he currently occupies an E-4 automated logistics specialist position and there are no current vacancies for an E-5.  However, it was also stated that at the time of his enlistment there were E-5 positions available.

CONCLUSIONS:

1.  In view of all the circumstances of this case, together with the evidence of record, it appears that the applicant was entitled to enlist in the USAR unit in the grade of E-5.

2.  At the time of the applicant’s enlistment in the USAR he had been separated from active duty in grade E-5 for over 31 months.  However, he was enlisting in a USAR unit for a military skill which he had held during his prior period of service. 

3.  Although the applicant did not request back pay and allowances for the period in question it would be in the interest of justice to direct payment of all pay and allowances that he should have received as a result of USAR participation in the grade of E-5 since 8 May 1998.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

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

a.  by showing that the individual concerned was enlisted in the grade of E-5 effective 8 May 1998 and;

b.  by providing the necessary documentation to the Defense Finance and Accounting System to show that he was entitled to pay and allowances for all USAR paid participation as an E-5 since 8 May 1998.

BOARD VOTE:  

__cwb___  __jma___  __rgh___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Curtis W. Barbee
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999011355	
SUFFIX		
RECON		
DATE BOARDED	19990721	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	112.02	
2.		
3.		
4.		
5.		
6.