MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 September 2000                   
	DOCKET NUMBER:   AR2000042505

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Elzey J. Arledge, Jr.		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 enlistment contract be corrected to show she enlisted in pay grade E-6.

APPLICANT STATES:  That she enlisted in the U. S. Army Reserve (USAR) in March 1998 after an 8 year break in service.  Her previous grade was E-6 but the recruiting office wanted a copy of her promotion orders as proof of rank.  She enlisted at pay grade E-5 with the hopes that when she found the promotion orders the Board would correct her enlistment records.  In March 1999, she obtained a copy of her promotion orders from the Virginia National Guard (VaARNG) archives.  Supporting evidence is as listed on the DD Form 149.  In addition, an extract from Army Regulation 601-210, paragraph 3-18e is provided as evidence.

EVIDENCE OF RECORD:  The applicant's military records are not available.  Information contained herein was obtained from documents provided by the applicant.

The applicant enlisted in the VaARNG on 6 September 1977.  She was promoted to Staff Sergeant (SSG), E-6 on 9 July 1983.  On 9 July 1983, she was attached to the Military Academy Division, VaARNG to attend State Officer Candidate School.  She was discharged from the VaARNG on 21 July 1983 to accept a commission in the VaARNG on 22 July 1983.  On 12 November 1987, she was separated from the Army National Guard in pay grade 0-2 and transferred to the USAR Control Group (Individual Ready Reserve).  It cannot be determined if she was ever discharged from the USAR.

On 12 March 1998, the applicant enlisted in the USAR for 3 years in pay grade E-5.

Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and the USAR.
Paragraph 3-18e states that if an applicant is a former enlisted member who was separated from active service as an Army commissioned officer or warrant officer with an honorable discharge or by relief from active duty for a purpose other than to await appellate review of a sentence and who enlists within 6 months after separation from active duty in an officer status, the enlistment grade will be that held immediately before commencement of officer service without regard to existence of grade vacancy.  Paragraph 3-18f states that an applicant who was last separated from any of the Armed Forces as a commissioned officer or warrant officer, except those covered by paragraph 3-18e, will have their enlistment grade determined by the appropriate authorities.

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.  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.  The available evidence does not show that the applicant was discharged or released from active duty 6 months or less prior to the date of her enlistment into the USAR in March 1998; therefore, paragraph 3-18e of Army Regulation      610-210 did not apply in her case.  It appears that paragraph 3-18f of the regulation did apply and that the appropriate authority determined her enlistment grade should be E-5.

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

__rvo___  __mkp___  __eja___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042505	
SUFFIX		
RECON		
DATE BOARDED	20000914	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	112.02	
2.		
3.		
4.		
5.		
6.