PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 January 2001                   
	DOCKET NUMBER:   AR2000047979

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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/Reenlistment Document, Armed Forces of the United States, DD Forms 4/1 and 4/3, be corrected to show he enlisted in pay grade E-2.  

3.  The applicant states that the pay grade should be E-2, not E-3.

4.  The applicant’s military records are not available.  Information contained herein was obtained from alternate sources.

5.  On 13 July 1998, the applicant completed the requirements for and was certified as an Eagle Scout by the Boy Scouts of America.

6.  The applicant enlisted in the U. S. Army Reserve Delayed Entry Program (DEP) on 20 April 2000.  His DD Form 4/1, item 8 shows that he enlisted in pay grade E-3.  He enlisted in the Regular Army on 19 September 2000.  His DD Form 4/3, item 21 shows that he enlisted in pay grade E-3.

7.  Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and the U. S. Army Reserve.  Paragraph 2-20j(3) provides that an individual who has been awarded the Boy Scout Eagle certificate as a member of the Boy Scouts of America and is a high school diploma graduate is entitled to enlistment in pay grade E-2.  Paragraph 8-7 refers to Army Regulation 600-8-19 as regards to related grade and pay issues.

8.  Army Regulation 600-8-19 prescribes policies governing promotion and reduction of Army enlisted personnel.  In pertinent part, it provides for de facto status if erroneous promotion orders were issued and the service member actually performed the duties and received pay and allowances of that grade.

CONCLUSIONS:

1.  There is an administrative error on the applicant’s DD Forms 4/1 and 4/3.  As a certified Eagle Scout, he was authorized to enlist in pay grade E-2.  However, his enlistment documents erroneously show that he enlisted in the U. S. Army Reserve DEP and the Regular Army in pay grade E-3.

2.  Since the applicant accepted enlistment in the Army in pay grade E-3 and in good faith performed the duties of that grade, it would be unjust to recoup the erroneous pay and allowances he has received.  It would be appropriate to grant de facto status for the period in question.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That the applicant’s DD Form 4/1 dated 20 April 2000, item 8 be corrected to show he enlisted in the U. S. Army Reserve DEP in pay grade E-2.

2.  That the applicant’s DD Form 4/3 dated 19 September 2000, item 21 be corrected to show he enlisted in the Regular Army in pay grade E-2.

3.  That the records be corrected to show that the applicant served in a de facto status if it is determined that erroneous E-3 pay and allowances were received during the period 19 September 2000 through the date the Defense Finance and Accounting Service takes action on these proceedings.

BOARD VOTE:  

__jns___  __mhm___  __jtm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000047979	
SUFFIX		
RECON		
DATE BOARDED	20010118	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	112.02	
2.		
3.		
4.		
5.		
6.