RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            5 February 2004
	DOCKET NUMBER:   AR2003087857

	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. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Karen A. Heinz		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his rank be adjusted to Specialist (SPC) and that his date of rank be adjusted to 16 April 2002.

2.  The applicant states that, in accordance with paragraph 3-17b(2), Army Regulation (AR) 601-210 (Regular Army and Army Reserve Enlistment Program), he was entitled to enlist in the Regular Army (RA) as a SPC, but he was only given the rank of Private First Class (PFC).

3.  The applicant provides a copy of pages 16 and 17 of AR 601-210.

4.  The applicant provides a copy of National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) and DD Form 214 (Certificate of Release or Discharge from the Army).

5.  The applicant provides a copy of DA Form 4187 (Personnel Action), dated 18 January 2002, showing advancement to the rank of SPC by the Pennsylvania Army National Guard (PAARNG). 

6.  The applicant provides a copy of DA Form 4/1 (Enlistment/Reenlistment Document May 1988), dated 16 April 2002, showing his enlistment in the Army as a PFC.

CONSIDERATION OF EVIDENCE: 

1.  The evidence of record shows that, on 5 February 1999, the applicant enlisted in the PAARNG and as a Reserve of the Army. 

2.  The evidence of record shows the applicant was advanced to the rank of SPC on 19 January 2002.

3.  The evidence of record shows the applicant was honorably separated from the PAARNG on 4 February 2002 and transferred to the United States Army Reserve (USAR) Control Group.

4.  The evidence of record shows that on 16 April 2002 the applicant enlisted in the RA in the rank of PFC for a period of 5 years.

5.  In the processing of this case, an advisory opinion was obtained from the United States Total Army Personnel Command (PERSCOM), Policy and Eligibility Inquiries Branch.  The opinion stated that, in accordance with paragraph 3-17b(1), AR 601-210 (and Operational Changes), dated 10 January 2002, prior service applicants could retain their current grade if enlisting within 24 months following separation or if a current member of a Reserve component.  The opinion therefore recommended that the applicant's records be corrected to show the entry grade of E-4 with a date of rank of 16 April 2002 [the date of his enlistment] and that he receive any financial entitlements to which he would have otherwise been entitled had his enlistment grade been correct.

6.  On 4 December 2002, the applicant was provided with a copy of the advisory opinion for review and possible comment.  As of 21 November 2003, the applicant has not provided a response.

7.  Army Regulation 601-210 governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the RA and the USAR for enlistment on or after the effective date of this regulation (28 February 1995).  Paragraph 3-17b(2) states that if the applicant was last separated from any component or is a current member of a Reserve Component in the grade of E-4 with not more than 5 years Active Federal Service, and enlists within 24 months from date of separation, the enlistment grade will be SPC.  If enlisting after 24 months from completion of military service, the enlistment grade will be determined by CG, PERSCOM.  Special instructions stated:  term of enlistment will be for 3 years only.  Exceptions will be considered when no vacancy exists in former MOS; or other service occupation does not convert, and retraining is required.  When retraining is authorized, the term of enlistment, when added to previous Active Federal Service, will not exceed a total of 8 years.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was promoted to SPC/E-4 on 19 January 2002 while serving in the PAARNG.

2.  The evidence of record shows the applicant was discharged from the PAARNG on 2 April 2002 and joined the RA on 16 April 2002. 

3.  The evidence of record shows that in accordance with the guidelines of AR 601-210, paragraph 3-17b(2), the applicant was eligible to enlist in the RA in the rank of SPC/E-4.

4.  The PERSCOM advisory opinion stated that the applicant should have been enlisted in the rank of SPC/E-4.

5.  The evidence of record shows the applicant’s rank should be SPC/E-4 and his date of rank should be 16 April 2002.   

BOARD VOTE:

__fne___  __jpi___  __kah___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing his rank to SPC/E-4, effective 16 April 2002; and paying him any monies owed him as a result of this correction. 

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003087857	
SUFFIX		
RECON		
DATE BOARDED	20040205	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	129.0500	
2.		
3.		
4.		
5.		
6.