PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            27 April 2000
	DOCKET NUMBER:   AR2000035456

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Thomas A. Pagan		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, in effect, that his enlistment contract be corrected to reflect that he was authorized to enlist in the pay grade of E-5.

3.  The applicant states, in effect, that he was serving in the Georgia Army National Guard in the pay grade of E-5 when he enlisted in the Regular Army on 27 September 1999; however, he was only authorized to enlist in the pay grade of E-4.  He further states that he has since discovered that had he enlisted a month later he would have been entitled to enlist in the pay grade of E-5 and requests that the Board correct his enlistment contract to show that he enlisted in the pay grade of E-5 with entitlement to all back pay and allowances.

4.  The applicant’s military records show that he initially enlisted in the USAR in April 1985 and served until he enlisted in the Regular Army on 26 February 1988. He served in the Regular Army as an ammunition handler until he was honorably released from active duty in the pay grade of E-4 on 1 July 1994 due to completion of his required service.  He had served 6 years, 6 months, and 15 days of total active service and was transferred to the USAR Control Group (Reinforcement).  He subsequently enlisted in the Georgia Army National Guard where he served as a combat engineer.  He was promoted to the pay grade of  E-5 on 28 April 1998 in the military occupational specialty (MOS) of an armor crewman.

5.  On 26 May 1999 he requested separation from the National Guard for the purpose of enlisting in the Regular Army.  His request was approved on 9 September 1999 and he enlisted on 27 September 1999 in the pay grade of   E-4 for a period of 3 years as an ammunition specialist.

6.  In the processing of this case a staff advisory opinion was obtained from the Office of the Deputy Chief of Staff for Personnel (ODCSPER) Recruiting Policy Branch which opined that the applicant enlisted within 6 months of his discharge from his last component and should have been enlisted in the pay grade of E-5.  Officials at the ODCSPER recommended that he be reinstated to the pay grade of E-5 effective 27 September 1999 with entitlement to all back pay and allowances.

7.  Army Regulation 601-210 serves as the authority for enlisting prior service personnel.  It states, in pertinent part, that individuals last serving in any component or is a current Reserve Component member in grade E-5, with not more than 10 years of active Federal service will have enlistment grade and eligibility determined by the Commanding General, Total Army Personnel Command (PERSCOM).  

CONCLUSIONS:

1.  The applicant immediately enlisted in the Regular Army in a MOS that required no additional training and given the guidance from the ODCSPER that he should have been enlisted in the pay grade of E-5, the Board finds that it would be appropriate to do so as well.

2.  Accordingly, his enlistment contract should be amended to show that he enlisted in the pay grade of E-5 on 27 September 1999, with a date of rank (DOR) and effective date of 27 September 1999, with entitlement to all back pay and allowances from that date.

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 amending the enlistment contract dated 27 September 1999 pertaining to the individual concerned to show that he enlisted in the pay grade of E-5 with a DOR and effective date of the same date and with entitlement to all back pay and allowance from that date.

BOARD VOTE:  

___be___  __klw___  __tap____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Elizabeth Buchanon____
		        CHAIRPERSON

INDEX

CASE ID	AR2000035456	
SUFFIX		
RECON		
DATE BOARDED	2000/04/27	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  224 	112.0200/GRADE/DOR	
2.		
3.		
4.		
5.		
6.