MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 October 2000                   
	DOCKET NUMBER:   AR2000041582

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Richard T. Dunbar		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, that her date of rank be adjusted to 23 June 1998 and she be paid all due back pay and allowances.

APPLICANT STATES:  That she enlisted under the program that authorized advanced promotion for getting a friend to enlist.  She had encouraged a friend to enlist.  He met the required test score and enlisted before she did; therefore, she should have been enlisted in pay grade E-2.  However, her recruiter failed to sign the paper saying that this had occurred.  She provides her enlistment contract and associated documents as supporting evidence.

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

She enlisted in the U. S. Army Reserve (USAR) Delayed Entry Program on       30 June 1997.  She enlisted in the Regular Army (RA) on 23 June 1998.  There is nothing in her enlistment documents to show she participated in the Army Referral Program.

In the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff for Personnel, Recruiting Policy Branch.  That office stated that there was insufficient supporting documentation to support the applicant’s request and that she should have provided such documents at the time she entered active duty on 23 June 1998 or within 6 months of her enlistment.  That office recommended that no action be taken on the applicant’s request.

Army Regulation 610-210 prescribes criteria, policy and procedures governing the enlistment of persons with or without prior service into the RA and the USAR. Paragraph 2.2i(3) states that a participant in the Army Referral Program who refers one individual with a high school diploma, who is a high school senior or who is currently in high school who has a test category score (AFQT) of 50 or higher and who enlists in the Delayed Entry Program, RA or USAR on or prior to the applicant’s entry into the RA or initial active duty for training will be authorized to enlist in pay grade E-2 provided the referral is received and verified prior to the date of the participant’s enlistment in the RA or the USAR.  Paragraph 2.20l(1) states that RA soldiers lacking documents required for advanced promotion at the time of enlistment may submit supporting documentation to his or her personnel officer within 6 months of his or her RA enlistment.

A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  She did not respond within the given time frame.

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, 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.  Other than the applicant’s self-authored statement, there is no evidence to show she participated in the Army Referral Program.  At a minimum, a statement from the applicant’s recruiter verifying her contentions and explaining why the referral was not verified in a timely manner would be required before the Board could reconsider the applicant’s case.

3.  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

__jns___  __rjw___  __rtd___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042582	
SUFFIX		
RECON		
DATE BOARDED	20001003	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	112.02	
2.		
3.		
4.		
5.		
6.