PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  29 October 2002
	DOCKET NUMBER:  AR2002072588

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. Thomas A. Pagan		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, in effect, that his DD Form 4 (Enlistment/Reenlistment Document) be corrected to show that he enlisted in the pay grade of "E-5" instead of "E-4" with a date of rank (DOR) of 1 July 2000.

3.  The applicant states that his DD Form 4 is incorrect and that he was promoted to sergeant (SGT/E-5) on 1 July 2000 in the United States Marine Corps Reserve (USMCR).  He was unaware of his promotion at the time of his enlistment and was enrolled in the Defense Enrollment Eligibility Reporting System (DEERS) as a SGT before reporting to his unit.  In support of his application, he submits a copy of his DD Form 4, DD Form 214 (Certificate of Release or Discharge from Active Duty), and a copy of his promotion orders.

4.  The applicant’s military records show he enlisted in the US Marine Corps (USMC) on 5 October 1994.  He continued to serve until he was released from active duty on 4 October 1998, in the pay grade of corporal (CPL/E-4).  He was transferred to the USMCR.

5.  Item 12h (Effective Date of Pay Grade) of his DD Form 214 shows his DOR as 1 March 1997.

6.  The applicant's DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States) shows his DOR as 1 March 1997.

7.  He was promoted to SGT/E-5 on 1 July 2001, and was honorably discharged from the USMCR on 13 September 2001, in the rank of SGT.

8.  He enlisted in the US Army Reserve on 14 September 2001, in the pay grade of SPC/E-4 for a period of 2 years, where he is presently serving.

9.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service (PS) applicants for enlistment.  Paragraph 3-18 pertains to enlistment pay grade for PS personnel who are enlisting into the USAR.  Subparagraph 3-18b states that former enlisted members, either active or Reserve Component (RC) who enlist within 30 months from last separation will be enlisted in the grade held at time of last separation.  

CONCLUSIONS:

1.  The evidence of record shows that the applicant was released from active duty in the USMC on 4 October 1998, in the pay grade of E-4 with a DOR of 1 March 1997, and was transferred to the USMCR.  The evidence also shows that he was promoted to SGT/E-5 on 1 July 2000, while serving in the USMCR.
His DD Form 4/1 shows that on 14 September 2001, he enlisted in the USAR in the pay grade of E-4, which was incorrect.  

2.  The evidence clearly shows that he enlisted within 30 months of his last separation from service and is entitled to adjustment of his rank and DOR to
SGT/E-5 based on his prior service.  Therefore, recommend that item 8 of his DD 
Form 4 be corrected to show the entry "E-5", with a DOR of 1 July 2000, with
entitlement to all back pay and allowances from 14 September 2001 to present.

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 for the individual concerned be corrected: 

a.  by showing in item 8 of his DD Form 4 the entry "E-5" with a DOR of 1 July 2000; and

	b.  by showing that he is entitled to all back pay and allowances from 14 September 2001, to present.

BOARD VOTE:  

__kk___  __bl___  __tp____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Karol A. Kennedy___
		        CHAIRPERSON

INDEX

CASE ID	AR2002072588	
SUFFIX		
RECON		
DATE BOARDED	20021029	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR .  USAR 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  302		
2.		
3.		
4.		
5.		
6.