PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           19 September 2000
	DOCKET NUMBER:   AR2000035778

	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	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 that he enlisted in the Regular Army (RA) as a sergeant (E-5), not a specialist (E-4).

3.  The applicant states that he was a sergeant in the US Army National Guard (ARNG) and the US Army Reserve (USAR), but when he enlisted in the RA he was told by the recruiter that he could only enlist as a specialist.  He adds that he has all of the necessary qualifications and school requirements for the rank of sergeant.

4.  The applicant’s military records show that he enlisted in the Puerto Rico ARNG on 20 May 1980.  He completed the Primary Noncommissioned Officer Course (PNOC) on 4 August 1984 while a member of the South Carolina ARNG. He was promoted to the rank of sergeant on 1 April 1997 while a member of the USAR.  His military occupational specialty (MOS) is 55B20, Ammunition Specialist.  He enlisted in the RA on 24 June 1999 in the rank of specialist (E-4).

5.  Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service (PS), into the RA and USAR.  It states, in pertinent part, that an applicant who is a current member of a Reserve Component in grade E-5 will have enlistment grade and eligibility determined by the CG, PERSCOM (Commanding General, US Total Army Personnel Command).  This determination is made by ensuring that the applicant holds the rank of sergeant (E-5), that he has the requisite level of leadership development training, and that a vacancy exists in the RA in the applicant's grade and MOS.

6.  The Retention Management Division, Enlisted Personnel Management Directorate, PERSCOM has no record of a request for enlistment grade determination for the applicant.  At the time of his enlistment in the RA, his grade and MOS were listed at only 86 percent of fill, meaning that there was a vacancy. His completion of PNOC is viewed as equivalent to the Primary Leadership Development Course (PLDC) necessary for promotion to sergeant (E-5).

7.  In the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff for Personnel (DCSPER) which states that the applicant’s enlistment grade should have been E-5.  The applicant was provided a copy of the opinion and concurred.

CONCLUSIONS:

1.  The applicant's recruiter apparently did not request an enlistment grade determination from the PERSCOM when the applicant enlisted in June 1999.  Had he done so, he would have been told that the applicant was qualified for enlistment in the RA as a sergeant (E-5) in MOS 55B, and that a vacancy existed.

2.  The DCSPER advisory opinion recommends advancing the applicant to E-5 from the date of his enlistment.

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 enlisted in the RA on 24 June 1999 in the rank of sergeant (E-5); and by

	b.  Paying to the individual concerned all due back pay and allowances.

BOARD VOTE:  

__hof___  __jpi____  __rks____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Hubert O. Fry Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2000035778	
SUFFIX		
RECON		
DATE BOARDED	20000919	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	112.0200	
2.		
3.		
4.		
5.		
6.