MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           27 June 2000                   
	DOCKET NUMBER:   AR2000036895

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning 		Chairperson	
	Mr. Walter T. Morrison 		Member	
	Mr. Curtis L. Greenway 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, the applicant requests that his record show that he was inducted into the Army in the rank and pay grade of SP3 E-4 in    May 1956.    

APPLICANT STATES:  That he was promoted to the rank and grade of Corporal E-4 while serving in Company A, 199th Infantry Regiment, 39th Infantry Division of the Louisiana National Guard.  He was inducted into the Army in the grade of Private E-2.  At that time he questioned his pay grade.  He states that he should have been inducted in the rank and pay grade of SP3 E-4, as was everyone else that he met after his induction.  

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant submits a copy of an Honorable Discharge Certificate showing that he was discharged from the National Guard of Louisiana and as a Reserve of the United States in the rank of Specialist 3d Class on 25 May 1956.

A computation of the applicant’s service for pay purposes shows that he had Reserve service from 21 March 1955 to 25 May 1956, and that 2 months of that service was active service, and 1 year and 5 days, inactive service.

An AGPZ Form 109-1 (Request for Statement of Service) shows that the applicant had Reserve service from 21 March 1955 to 25 March 1956, that he had active service during that period from 4 July 1955 to 3 September 1955, and that he was honorably discharged in the rank of SP3 to enlist in the Regular Army. 

The applicant enlisted in the Regular Army for three years in the grade of     Private E-1 on 26 May 1956.  His enlistment document shows that it was his initial Regular Army enlistment and that his date of birth was 8 February 1939.  He had to obtain the permission of his mother in order to enlist.  

The applicant was promoted to Private First Class on 25 April 1957, to SP3 on   14 November 1957, and to Sergeant on 17 June 1958.  He continued his military service, accepting a Reserve commission as a second lieutenant in the Infantry on 17 April 1964, and retiring in the rank of Major on 30 November 1976.  

Army Regulation 601-210, then in effect, establishes the qualifications for enlistment and reenlistment in the Regular Army.  Paragraph 20 of that regulation states that applicants without prior active service will be enlisted in grade E-1.  Personnel with prior active service will be enlisted in the appropriate pay grade as determined by the criteria outlined in paragraph 21, 22, or 23.  

Paragraph 21 pertains to men who have had at least 4 months’ prior active service and whose last service was in the Army, terminated under honorable conditions, and who enlist in the Regular Army for 3 or more years.  Active duty for training will not be considered for the purpose of grade determinations.

Paragraph 22 pertains to grades for former enlisted men of other military services, and paragraph 23 pertains to grades for former officers, warrant officers, and flight officers.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  Prior to the applicant’s enlistment in the Regular Army on 26 May 1956, the applicant had only two months of active service.  Consequently, he was not entitled to be enlisted in the rank and pay grade of SP3 E-4.  His enlistment in the grade of Private E-1 is correct. 

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___wtm__  ___mdm_  ___clg___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000036895	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000627	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319	112.02	
2.		
3.		
4.		
5.		
6.