PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 December 2000                   
	DOCKET NUMBER:   AR2000049155

	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:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Ms. Gail J. Wire		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 her Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to show she separated in the rank and grade of Private, E-2 (PV2) and that her Regular Army enlistment contract be corrected to show she enlisted in the grade of E-2.

3.  The applicant states that she was promoted on 23 February 2000 but the transition point did not want to change her DD Form 214.  Her Regular Army enlistment grade was based on the DD Form 214 even though she showed her recruiter the Personnel Action, DA Form 4187, showing she had been advanced to PV2.  In addition, she was advanced to Private First Class, E-3 (PFC) on       13 August 2000.

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

5.  The applicant enlisted in the U. S. Army Reserve on 25 January 1999.  She was ordered to initial active duty for training (IADT) on 23 August 1999.  She was advanced to PV2 on 23 February 2000.  The date the DA Form 4187 was signed is partially illegible but could possibly be read as 12 March 2000.

6.  The applicant was released from IADT on 1 April 2000.  Her DD Form 214 erroneously shows her rank as PV1, her pay grade as E-1, and her effective date of pay grade as 25 January 1999.

7.  The applicant was advanced to PFC on 13 August 2000.  

8.  The applicant enlisted in the Regular Army on 12 September 2000 for 6 years in pay grade E-1.

9.  On 14 September 2000, the applicant’s unit advanced her to PV2 effective   12 September 2000. 

10.  The Defense Finance and Accounting Service (DFAS) has verified that the applicant had been advanced to PV2 effective 12 March 2000 and to PFC effective 13 August 2000 prior to her enlistment in the Regular Army.

11.  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 3-17a(1) states that the enlistment pay grade for a current or former member of a Reserve component who has taken part in an IADT program and has been awarded a military occupational specialty and enlists within 12 months from the date of release from active duty will be the grade held at the time of release from IADT.  Paragraph 3-17a(2) states that the enlistment grade for a current or former member of a Reserve component who has taken part in an IADT program and has 12 months service after release from IADT will be the grade currently held up to grade PFC.

12.  On 14 December 2000, the Senior Recruiting Noncommissioned Officer, Office of the Deputy Chief of Staff for Personnel (ODCSPER) informed the Board that if the applicant’s recruiters had requested an exception to policy to authorize her to retain her rank of PFC, it would have been approved.

CONCLUSIONS:

1.  The available evidence shows that the applicant was advanced to PV2 effective 23 February 2000 while she was on IADT.  The discrepancy between this date and the date, 12 March 2000, that DFAS showed as her PV2 effective date is presumably due to the fact that the DA Form 4187 was dated 12 March 2000.

2.  The applicant was released from IADT in April 2000.  Her DD Form 214 erroneously showed her rank as PV1 instead of her correct rank of PV2.  She was advanced to PFC in August 2000.

3.  The applicant enlisted in the Regular Army on 12 September 2000 in pay grade E-1.  In accordance with Army Regulation 601-210, she was authorized to enlist in pay grade E-2.

4.  In accordance with guidance from ODCSPER, the applicant could have enlisted in the Regular Army in pay grade E-3 if her recruiters had requested an exception to policy for her to retain her grade.  The applicant enlisted in the Regular Army for 6 years, thereby showing her intention to make a firm commitment to the Army.  It would be appropriate to show that she had been granted an exception to policy to retain her grade and that she enlisted in the Regular Army in pay grade E-3.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant was granted an exception to policy to retain her rank and grade of PFC, E-3 and that she enlisted in the Regular Army on 12 September 2000 in the rank and grade of PFC, E-3.

2.  That the applicant be paid any and all due pay and allowances as a result of the above correction.

3.  That the applicant’s DD Form 214 be amended to show her rank as PV2, her pay grade as E-2, and her effective date of pay grade as 23 February 2000.

BOARD VOTE:  

__kak___  _ewl____  __gjw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Karol A. Kennedy
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000049155	
SUFFIX		
RECON		
DATE BOARDED	20001221	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	112.02	
2.	100.00	
3.		
4.		
5.		
6.