PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:  13 July 2000
	DOCKET NUMBER:  AR2000041472

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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 discharge from Initial Active Duty for Training (IADT) and his Regular Army enlistment contract be corrected to show his correct rank and pay grade, PFC E-3; and that he be provided the commensurate back pay and allowances.

3.  The applicant states that he should have been enlisted in the Regular Army as a Private First Class (PFC) pay grade E-3 according to Army Regulation 
601-210, paragraph 3-17a(1).

4.  The applicant’s military records show that he enlisted in the Army National Guard (ARNG) on 28 March 1997.  On 28 April 1998, he was advanced to pay grade E-3.  He completed IADT for his Military Occupational Skill (MOS) on 
21 August 1998.  His DD Form 214 for this IADT period, 9 June 1998 to 
21 August 1998, erroneously shows his pay grade as E-2.

5.  On 25 June 1999, the applicant requested discharge from the ARNG and enlistment in the Regular Army.  This request was approved and the applicant was enlisted in the Regular Army on 21 July 1999.  He was enlisted at the rank and pay grade of PV2 (Private) E-2 instead of at his correct rank and pay grade, PFC E-3.

6.  An advisory opinion on this issue from the Recruiting Policy Branch, Office of the Deputy Chief of Staff for Personnel, Headquarters, Department of the Army, states that Army Regulation 601-210, paragraph 3-17a(1) authorizes the applicant to be enlisted in the Regular Army in the pay grade E-3.  They recommend that the applicant ‘s records be corrected to show that effective 
21 July 1999, he was enlisted in the rank of PFC and pay grade E-3 with the date of rank of 28 April 1998, and that he is entitled to back pay from the date of entry on active duty, 21 July 1999.  The applicant concurred with the advisory opinion.

7.  Army Regulation 601-210, paragraph 3-17a(1), (Enlistment pay grade for applicants with prior military service who are enlisting into the Regular Army), states, “for current or former members of a Reserve Component who have completed an IADT program and have been awarded an MOS and enlist within 12 months from the date released from active duty (IADT), the enlistment pay grade will be the grade held at time of release from IADT.”

CONCLUSIONS:

1.  In accordance with AR 601-210, paragraph 3-17a(1), the applicant was authorized to be enlisted in the Regular Army in the rank and pay grade he was upon release from IADT, PFC E-3.  His DD Form 214 release from IADT incorrectly shows his rank and pay grade to be PV2 E-2 although he had been advanced to PFC E-3 on 28 April 1998.
2.  Considering the facts above, the applicant’s DD Form 214 should be corrected to show his rank and pay grade upon release from IADT to be PFC 
E-3.  His Regular Army enlistment contract should be corrected to show that he was enlisted in the rank and pay grade of PFC E-3 on 21 July 1999 with a date of rank of 28 April 1998.  He should be provided pay and allowances as an E-3 from the date of his enlistment on 21 July 1999.

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 for the individual concerned by:

	a.  correcting his DD Form 214 for the period 9 June 1998 to 
21 August 1998 to show his rank and pay grade as PFC E-3 with a date of rank (effective date of pay grade) as 28 April 1998;

	b.  showing his rank and pay grade to be PFC E-3 and his “date of grade” as 28 April 1998 on his Regular Army enlistment contract implemented on 
21 July 1999; and

c.  providing him active duty E-3 pay and allowances effective 
21 July 1999.

BOARD VOTE:  

__jp____  ___mm___  __ja____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Jennifer L. Prater___
		        CHAIRPERSON

INDEX

CASE ID	AR2000041472	
SUFFIX		
RECON		
DATE BOARDED	20000713	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.112.02	Rank/grade	
2.		
3.		
4.		
5.		
6.