PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 February 2001            
	DOCKET NUMBER:  AR2000050586

	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. Raymond V. O’Connor		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Stanley Kelley		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 enlistment contract be corrected to show she enlisted in pay grade E-2.

3.  Records show she enlisted in the Regular Army (RA) on 3 November 2000, in the pay grade of E-3. 

4.  The applicant’s academic credit record from Okaloosa Walton College indicates she had earned a total of 40 classroom semester hours.  

5.  Army Regulation 601-210, states that an individual who enlists in the RA and has successfully completed 30 or more of classroom semester hours (but less than 60) from an accredited college or university, will be enlisted in pay grade E-2.  Army Regulation 600-8-19, states that a determination of de facto status may be made to allow a soldier to keep any pay and allowances received at a higher grade when the soldier accepted that grade in good faith. 

CONCLUSIONS:

1.  The applicant enlisted with a high school diploma and 40 classroom semester hours of college, and therefore should have been enlisted in pay grade E-2.

2.  She accepted her enlistment grade of E-3 in good faith and as such should be granted de facto status from the date of her enlistment until completion of this corrective action.

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 showing that the applicant enlisted in the RA in pay grade E-2, and by granting de facto status to allow her to keep all pay and allowances from the date of her enlistment to the date this correction action is accomplished.

BOARD VOTE:  

__rvo___  ___tsk___  ___sk___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000050586	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010222	
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.