MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           31 August 2000
	DOCKET NUMBER:   AR2000039044

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Barbara Ellis		Member	
	Mr. Joe R. Schroeder		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:  That her records be corrected to show that she enlisted in the Regular Army in the grade of sergeant (E-5).

APPLICANT STATES:  That she had prior service in the US Marine Corps (USMC) as a sergeant (E-5).  Although she enlisted as a specialist (E-4), she states that she was told by her recruiter that once she arrived at her duty station, she would be promoted to sergeant (E-5) because she attended the USMC equivalent of the Army's Primary Leadership Development Course (PLDC).

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

She served 4 years in the USMC and was honorably discharged on 21 August 1998 as a sergeant (E-5).  On 28 January 2000, she enlisted in the Regular Army for 3 years with an enlistment pay grade of specialist (E-4).  On her enlistment document (DD Form 1966/3, Section VI-Remarks) it states, "Per SFC Horn. PERSCOM, MOS3381 converts to 92G, enlist as E-4, due to not having USMC SGT course."

Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service (PS), into the Regular Army (RA) and the U.S. Army Reserve (USAR).  It states, in pertinent part, that if an applicant was last separated from any Component or is a current member of a Reserve Component in grade, E-5 with not more than 10 years active Federal service, 
E-6 with not more than 17 years Active Federal Service, or E-7 though E-9 regardless of years of service, but with less than 20 will have enlistment grade and eligibility determined by the CG, PERSCOM (Commanding General, US Total Army Personnel Command).

In the processing of this case, an advisory opinion was obtained from the Recruiting Policy Branch, PERSCOM, which states that the USMC Sergeants Non-resident Program does not substitute for PLDC and recommends that the request be denied.  The applicant was provided a copy, but did not respond.

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

1.  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 this requirement.

2.  Army regulations specify that the enlistment grade and eligibility of PS personnel will be determined by the CG, PERSCOM.  The applicant's enlistment documents reflect that that decision was made and the applicant was enlisted as an E-4.

3.  The PERSCOM advisory opinion recommends denying relief.

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

__sac___  __be____  __jrs____  DENY APPLICATION

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

INDEX

CASE ID	AR2000039044	
SUFFIX		
RECON		
DATE BOARDED	20000831	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	112.0200	
2.		
3.		
4.		
5.		
6.