PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 November 1999                   
	DOCKET NUMBER:   AR1999022345

	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:

	Ms. Erin J. Olmes		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. James E. Anderholm		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 that her records be corrected to show she enlisted in the grade of Private, E-2 and that she was promoted to Private First Class, E-3 in February 1997.

3.  The applicant states, in effect, that she was told she would enlist as an E-2.  Her DD Form 214 and a certificate from the U. S. Army Recruiting Command are provided as supporting evidence.

4.  The applicant’s military records show that she initially enlisted in the U. S. Army Reserve on 9 December 1993 and was discharged on 25 February 1995.  

5.  For referring qualified recruits to the Recruiting Command, the applicant had been awarded a certificate of recognition.  The certificate also made it known that she met the requirements for promotion to E-2 effective upon her entry into the Regular Army.

6.  On 13 August 1996, the applicant enlisted in the Regular Army in pay grade E-1.  She was advanced to E-2 on 13 February 1997.  She was discharged due to a physical disability on 21 July 1997 in pay grade E-2.

7.  Army Regulation 600-8-19 prescribes enlisted promotion and reduction functions of the military personnel system.  In pertinent part, it states that advancement eligibility criteria for E-2 is 6 months time in service (TIS), waiverable to 4 months TIS.  Advancement eligibility criteria for E-3 is 12-months TIS (6 months TIS may be waived).

8.  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 recommended approval of the applicant’s request.  It noted that supporting documentation did substantiate her entitlement to enter the Regular Army with the grade of E-2 in accordance with Army Regulation 601-210, Chapter 2, paragraph 2-20I(3).  This paragraph states that applicants who refer one high school diploma graduate or high school senior who has a test category score of 50 or higher and who enlists into the Delayed Entry Program, the Regular Army or the U. S. Army Reserve can enlist at any time in the grade of E-2.  

9.  A copy of the advisory opinion was provided to the applicant for comment.  She did not respond within the given time frame.

CONCLUSIONS:

1.  The Board concludes that a Government error or injustice occurred in this case.  It is not known why the applicant was not enlisted in the Regular Army in grade E-2, but the evidence of record shows she was entitled to do so.

2.  However, the Board notes that the applicant was advanced to E-2 with no waiver after 6-months TIS.  Had she enlisted as an E-2, the soonest she would have been eligible for advancement to E-3 with no waiver would have been        13 August 1997.  She was discharged in July 1997.  There is no evidence of record, and she provides no such evidence, to show she was recommended for advancement to E-3 with a waiver prior to her discharge.

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

RECOMMENDATION:

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

     a.  showing that the applicant enlisted in the Regular Army in pay grade E-2 on 13 August 1996;

     b.  paying to the applicant all applicable back pay and allowances; and

     c.  paying to the applicant, if applicable, any adjusted increase due in her severance pay as a result of the above correction.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__ejo___  __jlp___  __jea___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Erin J. Olmes
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999022345	
SUFFIX		
RECON		
DATE BOARDED	19991118	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	131.09	
2.	112.02	
3.	128.00	
4.		
5.		
6.