PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 September 1999                   
	DOCKET NUMBER:   AR1999027003

	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. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Kenneth L. Wright		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 his records be corrected to show he enlisted as a Specialist (SPC), E-4.

3.  The applicant states that he was promoted to SPC in the U. S. Army Reserve but he was demoted to Private First Class (PFC), E-3 when he came on active duty.  Supporting evidence is as listed on his DD Form 149.

4.  The applicant’s military records are not available.  Information contained herein was obtained from the application. 

5.  The applicant was promoted to SPC in the U. S. Army Reserve on                  1 November 1996.  He enlisted in the Regular Army on 2 February 1999 as a PFC, E-3 for 3 years.

6.  Army Regulation 601-210 governs eligibility criteria, policies and procedures for enlistment of persons into the Regular Army and the U. S. Army Reserve.  In pertinent part, it states that the enlistment grade of an applicant last separated form any Component or a current member of a Reserve Component in the grade of SPC, with not more than 5 years active federal service, and who enlists within 24 months from the date of separation, will be SPC

7.  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 opined that the supporting documentation substantiated that the applicant was entitled to enter the Regular Army in the grade of E-4.  That office recommended his grade and date of rank be adjusted to SPC, E-4 with an effective date of 2 February 1999 and that he be authorized to receive back pay from the adjusted date of rank of 2 February 1999.

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

CONCLUSIONS:

1.  The Board concludes that a Government error occurred in this case.  The applicant had been promoted to SPC in the U. S. Army Reserve, had enlisted in the Regular Army within the time frame prescribed by regulation, and by regulation he was entitled to enlist in the Regular Army as an SPC.

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 applicant enlisted in the Regular Army on 2 February 1999 in the rank and pay grade of SPC, E-4; and

     b.  that any back pay due him from 2 February 1999 to the present as a result of the above correction be paid to him.

BOARD VOTE:  

__sk____  __jea___  __klw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Stanley Kelley
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999027002	
SUFFIX		
RECON		
DATE BOARDED	19990901	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	112.02	
2.	128.00	
3.		
4.		
5.		
6.