MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           23 May 2002  
	DOCKET NUMBER:   AR2002070496

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Karen Y. Fletcher		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 effective date of rank be corrected to 25 November 2001.

APPLICANT STATES:  In effect, he was entitled to an earlier date of promotion to pay grade E-3 based on his referral of two additional recruits under the Army Referral Program.

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

The applicant first entered active duty on 20 February 1990.  He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 13E (Cannon Fire Direction Specialist).  He attained pay grade E-4 and received an honorable release from service on 9 July 1994, having served 4 years, 4 months, and 20 days.

The applicant reenlisted on 28 September 2001 in pay grade E-2 with the delayed entry and guaranteed MOS school 91W (Health Care Specialist) option. The applicant entered active duty on 25 November 2001.  He was promoted to pay grade E-3 on 24 January 2002.

While in the delayed entry program, the applicant was instrumental in the recruitment of two additional soldiers, as documented by the referral sheets provided by the applicant.

In the development of this case, an advisory opinion was obtained from Commander, U.S. Total Army Personnel Command, Alexandria, Virginia.  In that opinion they noted that the accelerated promotion portion of the Army Referral Program was designed for personnel without prior service.  As the applicant had prior service he was ineligible for this program.

A copy of the advisory opinion was forwarded to the applicant for comment or rebuttal.  No response was received as of the suspense date.

Army Regulation 601-210 sets forth policy and procedures for the Regular Army and Army Reserve Enlistment Program.  Chapter 2 sets forth the provisions for enlistment of personnel without prior service.  Paragraph 2-20 sets forth provisions for pay grade determination and accelerated pay grade including paragraph 2-20i, which lists the criteria for accelerated grade for participation in the Army Referral Program.  Chapter 3 sets forth the provisions for enlistment of personnel with prior service.  There is no provision for participation in the Army Referral Program for prior service personnel.

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

1.  As a prior service member, the applicant did not meet the criteria for participation in the Army Referral Program with entitlement to an accelerated promotion.

2.  Therefore, the Board finds that the applicant's records are correct and his effective date of rank is proper.

3.  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__  ___LE __  __KYF___  DENY APPLICATION

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

INDEX

CASE ID	AR2002070496	
SUFFIX		
RECON		
DATE BOARDED	20020523	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	129.01	
2.	131.04	
3.		
4.		
5.		
6.