PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:             7 November 2000                  
	DOCKET NUMBER:    AR2000043299

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Paula Mokulis		Member	
	Mr. Melvin H. Meyer		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 that his military records be corrected by changing his enlistment rank from private first class (PFC) to specialist (SPC).

3.  The applicant states that when he enlisted in the Army he was in fact a SPC; however, due to his not having all of the supporting documentation he was enlisted as a PFC.  Since his enlistment, he has all of the supporting documentation to prove that he was a SPC when he enlisted and entered active duty.

4.  The applicant’s military records show that he enlisted in the Regular Army for 4 years on 8 March 2000 in pay grade E-3.  He was honorably discharged from the Florida Army National Guard (FLARNG) on 7 March 2000 in the grade of SPC.  He had previously completed 3 months and 8 days of Initial Active Duty for Training (IADT), was awarded the military occupational specialty (MOS) of 63W, wheeled vehicle repairer, and was released from active duty on 24 November 1999 in the grade of PFC.  His FLARNG Enlisted Qualification Record shows that he was promoted to SPC on 1 March 2000.

5.  In the processing of this case, a staff advisory opinion was obtained from the Department of the Army, Office of the Deputy Chief of Staff for Personnel (ODCSPER).  The ODCSPER opined that the applicant enter the Army at the correct pay grade of E-3 in accordance with Army Regulation 601-210, Chapter 3, paragraph 3-17a(1) which provides that soldier’s who have completed IADT, have been awarded an MOS and will have been back from IADT for less than 12 months, are authorized the enlistment grade they held at the time of release from IADT, but not less than E-2.  Since the applicant held pay grade E-3 at the time of his release from IADT on 24 November 1999 and entered active duty on 8 March 2000 he was not authorized the rank of SPC and no action should be taken on his request to change his enlistment grade.  A copy of the opinion was provided to the applicant on 7 July 2000 but he did not respond.

6.  Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program, paragraph 3-17a(1) provides that an applicant who has taken part in an IADT program and has been awarded an MOS and enlists 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.  The applicant was a PFC upon his release from IADT on 24 November 1999. He entered active duty on 8 March 2000 which was within 12 months of his release from IADT, therefore in accordance with the enlistment pay grade for applicant’s with prior military service outlined above, he was enlisted in the grade of PFC.

2.  However, the enlistment rule quoted above makes no provision for a soldier who is promoted after he completes IADT and before he enters active duty, which is the applicant’s situation, unless he completes more than 12 months after his release from IADT.  The rule as applied in the applicant’s case appears to create an inequity by not permitting him to enlist in the grade to which he is otherwise entitled as a result of his promotion in the FLARNG.

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 by:

	a.  showing that the individual concerned was enlisted in pay grade E-4 on 8 March 2000; and

	b.  paying to him any pay and allowances that may be due as a result of this correction of his enlistment grade and date of rank.

BOARD VOTE:  

__mhm  _  ____gdp    ___pm __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________George D. Paxson_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000043299	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001107	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.  112.02		
2.   129.01		
3.		
4.		
5.		
6.