PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           6 November 2003                  
	DOCKET NUMBER:   AR2003085493

	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	
	Mr. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Mae M. Bullock		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 item 4a and b of his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to show he was a private first class (PFC) (E-3).

3.  He states, in effect, that he was promoted to PFC in September 2000.  He states that he was told that the error on his DD Form 214 (Certificate of Release or Discharge) would not affect his Army Reserve (USAR) status, but that it has.  

4.  His military records show he enlisted in the USAR under the delayed entry program on 27 January 1999.  He has a 2-year active duty and 6 year Reserve obligation.  He entered active duty on 5 August 1999 and successfully completed training as a cannon crewmember.  

5.  A Department of the Army (DA) Form 638 (Recommendation for Award) shows that, as a PFC, he was recommended for award of the Army Achievement Medal on 20 September 2000.

6.  Copies of his leave and earnings statements (LES) for the period 1 January 2000 through 30 August 2000 show his pay grade as E-2.  The LESs from 1 September 2000 through 30 November 2000 show his pay grade as an E-3.  An archive copy of his 1 – 31 July 2001 LES shows he was paid as a PFC (E-3).

7.  His DA Form 20 has only one pay grade entry, that of PV1 as of 5 August 1999.  

8.  There is no indication of any disciplinary action considered or taken against the applicant. 

9.  His DD Form 214 shows he was transferred to the USAR on 4 August 2001 with 2 years creditable service.  It lists his pay grade as E-2.  

10.  He submits a DA Forms 1059 (Service School Academic Evaluation Report), dated 23 August 2002, showing he completed Basic Military Police Phase I as an PV2 (E-2).  No other records of his Reserve service are included in the record.

11.  Army Regulation 600-200 states that advancement to pay grade E-3 is not mandatory.  Commanders can advance service members who had completed 12 months time in service and 4 months time in grade.  Waiver of 2 months time in grade was authorized.  To recognize outstanding performance, commanders can advance service members to pay grade E-3 who had at least 6 but less than 12 months time in service.

CONCLUSIONS:

1.  The applicant’s LESs show that he was paid as an E-3 from 1 September 2000 through 31 July 2001, four days before his release from active duty.

2.  Taking this factor into consideration along with the fact that he is shown as an E-3 on his award recommendation; it is concluded that he was promoted to PFC (E-1) effective 1 September 2000 and not, thereafter, reduced.

3.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing he was promoted to PFC (E-3) effective 1 September 2000. 

BOARD VOTE:  

__SK ___  _RJW___  __MMB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_       Stanley Kelley_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003085493	
SUFFIX		
RECON		
DATE BOARDED	20031106	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT Plus	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.	129	
3.		
4.		
5.		
6.