PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            20 March 2001                  
	DOCKET NUMBER:   AR2000046594

	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	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. William D. Powers		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 enlistment grade be changed to E-2, with an effective date and date of rank of 14 September 1999, the date he enlisted in the Regular Army.  

3.  The applicant states that at the time of his entry on active duty he did not receive credit for a referral he made under the Army Referral Program.    

4.  The applicant’s military records show that he enlisted in the Army’s Delayed Entry Program (DEP) on 12 August 1999, however, prior to this date he had influenced another individual to meet and talk with a U.S. Army Recruiter, thereby participating in the Army Referral Program.    

5.  The individual the applicant referred to the recruiter enlisted in the Regular Army on 12 July 1999.

6.  The applicant requested to be discharged from the Delayed Entry Program (DEP) and enlisted in the Regular Army on 14 September 1999 for a period of    3 years. 

7.  In the processing of this case an advisory opinion was obtained from the Office of the Deputy Chief of Staff for Personnel (ODCSPER) which recommended that, the applicant’s request be approved, and that he be awarded back pay in the grade of E-2 from 14 September 1999 to the present.  They confirmed that the applicant’s referral had resulted in an enlistment and in accordance with Army Regulation 601-210, chapter 2, paragraph 2-20i(3) the applicant was entitled to enlist in the pay grade of E-2.  The applicant was provided a copy of this opinion and has not responded.

8.  Army Regulation 601-210, chapter 2, paragraph 2-20i(3) provides that an applicant who participates in the Army Referral Program by referring one high school diploma graduate who has a test category score of 50 or higher and who enlists in the Army on or prior to the applicant’s entry into the Regular Army, may enlist in the pay grade of E-2.  

CONCLUSIONS:

1.  The applicant participated in the Army Referral Program by referring an  individual who enlisted in the Regular Army prior to his entry date, thereby qualifying him to enlist in the pay grade of E-2. 

2.  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 showing the applicant enlisted in the Regular Army in the pay grade of E-2, on 14 September 1999, with entitlement to back pay and allowance.   

BOARD VOTE:  

___fne___  ___rjw__  ___wdp__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000046594	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010320	
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.		
3.		
4.		
5.		
6.