PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            2 March 2000                  
	DOCKET NUMBER:   AR1999028780

	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. Walter Avery, Jr. .		                       Analyst	

  The following members, a quorum, were present:

	Mr. Edwin S. Castle		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Kathleen A. Newman 		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 

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 reflect that he reenlisted at the pay grade of E5 and that he receive appropriate back pay.

3.  The applicant states that he reenlisted in the USAR and was told he had been separated for more than 30 months, therefore he could not retain his rank of Sergeant.  A subsequent review of his records disclosed he had been separated for less than 30 months, which means he was enlisted at the incorrect grade.

4.  The applicant’s military records show that he was discharged from the USAR with an effective date of 30 May 1995 and at the pay grade of E5.  An Enlistment/Reenlistment document reflects he reenlisted into the USAR on       19 November 1997 at the lower pay grade of E4.

5.  Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program, in effect at that time provides, in pertinent part, that an applicant who is a former enlisted member, either Active or Reserve Component who enlists within 30 months from last separation will be enlisted in the grade held at time of last separation. 

CONCLUSIONS:

1.  The applicant was discharged from the USAR on 30 May 1995 and reenlisted on 19 November 1997.  The period of separation is 29 months, 20 days a period less than 30 months, supporting the applications contention.

2.  The applicant’s pay grade at discharge on 30 May 1995 was E5.  The applicant reenlisted within the requisite months to retain the pay grade of E5.

3.  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 reenlisted on 19 November 1997 in pay grade E5; and

	b.  providing him any difference in pay that may be due as a result of the correction described above.

BOARD VOTE:  

_esc____  _sj_____  _kan_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Edwin S. Castle_________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028780	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000302	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	129.05	
2.		
3.		
4.		
5.		
6.