PROCEEDINGS

	IN THE CASE OF:

	BOARD DATE:        31 May 2000                      
	DOCKET NUMBER:   AR2000035777

	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. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Stanley Kelly		Member	
	Mr. John P. Infante		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 enlistment contract be corrected to show he enlisted in pay grade E-1.

3.  Records show he enlisted in the Regular Army (RA) on 11 January 2000, in pay grade E-2.  His DD Form 1966/1 (Record of Military Processing) shows that he was a high school graduate, with no prior service.  

4.  Army Regulation 601-210, states that an individual who enlists in the RA with a high school diploma, and has no prior service, will be enlisted in pay grade E-1. Army Regulation 600-8-19, states that a determination of de facto status may be made to allow a soldier to keep any pay and allowances received at a higher grade when the soldier accepted that grade in good faith. 

CONCLUSIONS:

1.  The applicant enlisted with a high school diploma and no prior enlisted service. Therefore, he should have been enlisted in pay grade E-1.

2.  He accepted his enlistment grade of E-2 in good faith and as such should be granted de facto status from the date of his enlistment until completion of this corrective action.

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 showing that the applicant enlisted in the RA in pay grade E-1 and that he be granted de facto status and allowed to keep all pay and allowance from the date of enlistment to the date this correction is accomplished.

BOARD VOTE:  

__jev___  ___sk____  ___jpi___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000035777	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000531	
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. 112.02		
2.		
3.		
4.		
5.		
6.