PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            17 OCTOBER 2002                  
	DOCKET NUMBER:   AR2002074346

	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:

	Ms. Joann Langston		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Richard T. Dunbar		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 records be corrected by changing his enlistment grade to E-2, with entitlement to back pay and allowances.

3.  The applicant states that his enlistment contract shows he enlisted in the pay grade of E-2 on 27 June 2001, but he did not start receiving pay at that grade until 1 January 2002.

4.  The applicant’s military records show that his DD Form 4/1 (Enlistment/Reenlistment Document) indicates that he enlisted in the Army Reserve on 23 March 2001 in the pay grade of E-1, for a period of 8 years. 

5.  USAREC Form 1137-R-E (DEP/DT Pre-Basic Training Tasks List), shows the applicant successfully performed all the required tasks prior to 27 June 2001.  

6.  The applicant’s DD Form 4/3 shows that on 27 June 2001, he requested a discharge from the delayed entry program and enlisted in the Regular Army for a period of 4 years in the pay grade of E-2.  

7.  In the processing of this case an advisory opinion was obtained from the U.S. Total Army Personnel Command (PERSCOM), Retention Management Division, which recommended approval of the applicant’s request.  Their opinion states that the applicant was erroneously accessed in the grade of E-1, that his satisfactory completion of the Pre-Basic Training Task List entitled him to the enlistment grade of E-2, with a date of rank of 27 June 2001 and that he should receive any financial entitlements that he otherwise would have been entitled to had his enlisted grade been correct.  The applicant was provided a copy of the advisory opinion and concurred with its recommendations. 

8.  Army Regulation 601-210, paragraph 2-20o, authorizes soldiers who satisfactory complete the Pre-Basic Training Task List, to enlist in the pay grade of E-2.

CONCLUSIONS:

1.  The applicant was erroneously accessed in the pay grade of E-1 and his records should be corrected to show he enlisted in the Regular Army in the pay grade of E-2,  with a date of rank of 27 June 2001.  

2.  The applicant should have received pay as an E-2 from 27 June 2001, the date of his enlistment, and should be compensated accordingly.   

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 the applicant enlisted in the Regular Army on 27 June 2001, in the pay grade of E-2, with entitlements to all pay and allowances.  

BOARD VOTE:  

__JL____  __MVT __  __RTD__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Joann Langston______
		        CHAIRPERSON

INDEX

CASE ID	AR2002074346	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021017	
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.