MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      .

	BOARD DATE:           23 April 2002                   
	DOCKET NUMBER:  AR2001060646

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Thomas Lanyl		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS: That his records be corrected to show his pay grade as E-7 and his date of pay grade as 1 October 1996.

APPLICANT STATES: That he enlisted in good faith with the understanding that his spouse was eligible for recruiting duty, and was rejected from the 79R Course because she was not.

EVIDENCE OF RECORD: The applicant's available military records show:

During the period 9 September 1994 to 8 July 2000, the applicant, a member of the Army Reserve, served on active duty and attained pay grade E-7, effective   1 October 1996.  He was honorably discharged in pay grade E-7 under Army Regulation 635-200, chapter 4, based on the completion of his required active service.

On 20 December 2000, the applicant enlisted in the Regular Army in pay grade E-6 for 3 years, training in military occupational specialty 79R (Recruiter) and assignment to the Denver Recruiting Battalion, Denver, Colorado.  Section VI – Remarks, of his enlistment contract, indicates he has 3 dependents.  There is nothing in his contract to indicate he was guaranteed his spouse would be admitted to the Army Recruiting and Retention School.  His date of rank was established as 20 December 2000.  He authenticated a statement that “I hereby state that I have NOT been promised anything other than what is written on this form and hereby waive any claim based upon any promise or representation not annexed to my contract.”

The applicant requested expeditious separation due to a defective unfulfilled enlistment contract, which was approved.  The US Army Recruiting and Retention School, Fort Jackson, South Carolina, apparently allowed him to withdraw from the school due to the fact that his military spouse was in pay grade E-4 and not eligible for recruiting duty.

On 20 March 2001, he was honorably discharged, in pay grade E-6, under Army Regulation 635-200, chapter 7, section IV, based on a defective enlistment agreement.  His separation document indicates he had 3 months and 1 day of creditable service for this period and 8 years, 11 months and 22 days of prior active service.  This document erroneously indicates he was transferred to AR- PERSCOM USAR Control Group (Reinforcement), St. Louis, Missouri.

ARPC-PSV-A-E552 Orders C-04-110698, AR-PERSCOM, dated 16 April 2001 voluntarily released the applicant from the USAR Control Group (Reinforcement) and assigned him to a unit, effective 13 April 2001, in pay grade E-6 and MOS 79R.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant enlisted in pay grade E-6 and was honorably discharged           3 months and 1 day later in that grade with no indication of a promotion.

2.  There is no evidence in the available record to indicate anything about his service being based on his military spouse’s qualification for or assignment to the Recruiting and Retention School.  The applicant has not shown error or injustice.

3.  The servicing personnel office did make an error in the discharge of the applicant by assigning a discharged soldier to the USAR Control Group; however, that error is not sufficiently mitigating to over turn his assignment.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________ GRANT

________  ________  ________ GRANT FORMAL HEARING

_mdm___  _kak____  __tl____    DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001060646	
SUFFIX		
RECON		
DATE BOARDED	20020423	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	129.04	
2.		
3.		
4.		
5.		
6.