PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            24 February 2000                  
	DOCKET NUMBER:   AR1999026859

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Jame P. Huber 		Member	
	Ms. Margaret V. Thompson		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 rank from private (PV-2) E-2 to Specialist (SPC) E-4.

3.  The applicant states that on 19 February 1999 he enlisted in the Regular Army from the USAR.  He enlisted as a PV-2 because he could not provide proof at the time that he had been advanced to the grade of SPC in the USAR.  He contends that he was told that as soon as he could produce documentation of his advancement to SPC in the USAR, the active Army would correct his grade.  When he produced the proof, he was informed that his grade could not be corrected because he had signed his enlistment contract as a PV-2.

4.  In support of his request, he provides a copy of DA Form 4187 (Personnel Action) which shows that he was advanced to the grade of SPC by his USAR unit effective 19 December 1998.

5.  The applicant’s military records show that he completed active duty for training in MOS 25V on 29 October 1998 and was released in the grade of PV-2. Thereafter, he returned to his USAR unit where he was advanced to the grade of SPC on 19 December 1998.  He enlisted in the Regular Army on 19 February 1999 in the grade of PV-2.

6.  After his enlistment in the active Army, and sometime prior to 1 April 1999, he approached his personnel officer with the promotion order showing that he had been promoted to the grade of SPC by his USAR unit and requested adjustment to his grade.  His request was apparently denied, at which point he petitioned this Board for relief.

7.  In the processing of this case, a staff advisory opinion was obtained from the US Total Army Personnel Command (PERSCOM).  The PERSCOM opines that the applicant was enlisted in the proper grade and recommends no change to his record.  A copy of the opinion was provided to the applicant for information/rebuttal but he did not respond.

8.  Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program, provides in paragraph 2-20, for the enlistment of applicants who lack documentation required for advanced promotion.  This paragraph provides that:

•	the soldier may submit supporting documentation to his or her personnel       officer within 6 months of RA enlistment.

•	effective date and date of rank for soldiers who lacked documentation at        time of enlistment will be the effective date of the promotion by the unit                   commander.  No retroactive adjustment is authorized and each applicant will be     advised that failure to produce documents before enlistment or after time frames    above will cause them to forfeit entitlement to this incentive.  The promotion will     be for the grade the soldier is qualified for at the time of enlistment.

•	unit commanders, upon verification that a soldier is authorized the advance    promotion under this paragraph, will promote the soldier citing this paragraph as    authority.  Effective date and date of rank, will be the date the commander              authorizes the promotion.

9.  Paragraph 3-17 a., of the same regulation, provides that if the applicant has taken part in an Initial Active Duty for Training (IADT) program and has been awarded an MOS and enlist within12 months from the date released from active duty the enlistment pay grade will be the grade held at time of release from IADT.

10.  Paragraph 3-17 b., provides that if the applicant was last separated from any Component or is a current member of a Reserve Component in the grade of E-4 with not more than 5 years Active Federal Service, and enlists within 24 months from date of separation, the enlistment grade will be grade SPC.

CONCLUSIONS:

1.  The applicant was released from IADT on 29 October 1998 in the grade of PV-2.  He was enlisted in the Regular Army in that grade because he could not produce documentary evidence at the time of his enlistment to substantiate that he had held a higher grade in the USAR.

2.  Subsequent to his enlistment in the Regular Army and within the time frames (6 months) established by regulation, he presented documentation to his personnel officer showing that he had been promoted to SPC prior to his enlistment.  However, his request to have his grade corrected was denied.

3.  While it cannot be determined from the available records the exact date the applicant presented his USAR promotion document to the personnel officer, it appears that it must have been on or before 1 April 1999 since that is the date of his application to this Board.  The regulation regarding advance promotions envisions that the effective date and date of rank for consummating such promotions is established as the date the commander verifies the soldier is authorized the promotion.  This procedure was established so that the promotion would be concluded in a timely fashion.  Forwarding such cases to this Board, however, can frequently be a lengthy matter and in the process deny the soldier a timely promotion.  Therefore, the Board believes that since the applicant produced the appropriate evidence of his USAR promotion within the time frames established by the regulation, it would be appropriate to promote him to the grade of SPC effective on the date of his application to this Board-1 April 1999-as an exception to the policy regarding retroactive adjustments, rather than wait for the case to be returned to his commander to accomplish the action.

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 by:

	a.  showing that the individual concerned was promoted to the grade of SPC effective 1 April 1999; and 

	b.  paying to him any back pay due as a result of this retroactive promotion.

BOARD VOTE:  

_cla_____  _jph____  _mvt_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Celia L. Adolphi__________
		        CHAIRPERSON

INDEX

CASE ID	AR1999026859	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000224	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.  112.02		
2.   128.14		
3.    129.05		
4.		
5.		
6.