PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           16 April 2002                   
	DOCKET NUMBER:   AR2002067897

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Melinda M. Darby		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 contract be corrected to reflect that he enlisted in the pay grade E-5 rather than E-4.

3.  The applicant states that the U.S. Total Army Personnel Command (PERSCOM) made a grade determination prior to his enlisting in the Army and that PERSCOM determined that he was eligible to enter the Army as an E-5. 

4.  In support of his application, the applicant submitted a copy of a determination for eligibility, dated 31 October 2001, which clearly states he was eligible to enlist in the grade of E-5.

5.  The applicant’s military records show that he enlisted in the Regular Army on 9 January 2002 for training in the Warrant Officer Flight Training Program.  He is currently serving on active duty and is assigned to the Warrant Officer Candidate School for flight training.

6.  In the processing of this case, a staff advisory opinion was obtained from PERSCOM, Appeals and Corrections Branch.  The Appeals and Correction Branch opined that the applicant’s enlistment contract was erroneous due to Guidance Counselor error in not properly enlisting the applicant in the grade of E-5.  The Appeals and Correction Branch recommended that the applicant’s enlistment contract be corrected to reflect the grade of E-5 and that his date of rank be adjusted to 9 January 2002.

7.  On 12 March 2002, the applicant concurred with the advisory opinion.

CONCLUSIONS:

1.  The evidence of record and the staff advisory opinion confirm that the applicant met the requirements for enlistment in the grade of E-5.

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 changing the grade of the individual concerned to reflect that he entered the Army in the grade of E-5, and that he be paid all back pay and allowances due him.

BOARD VOTE:  

__INW___  __MMD_  __JTM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_ _Irene N. Wheelwright_
		        CHAIRPERSON

INDEX

CASE ID	AR2002067897	
SUFFIX		
RECON		
DATE BOARDED	20020416	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	129.0500	
2.		
3.		
4.		
5.		
6.