RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            FEBRUARY 10, 2004                  
	DOCKET NUMBER:   AR2003090029

	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. Jessie B. Strickland		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Linda M. Baker		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his records be corrected to show that he enlisted in the Regular Army on 9 January 2003, in the pay grade of E-4.

2.  The applicant states, in effect, that his records incorrectly reflect that he enlisted in the pay grade of E-1, when in fact he should have reflected that he enlisted in the pay grade of E-4.

3.  The applicant provides copies of the promotions instruments that promoted him to the pay grade of E-4 in the United States Army Reserve (USAR) and a copy of a pay inquiry dated 23 February 2003 indicating that he was being paid as an E-1.

CONSIDERATION OF EVIDENCE: 

1.  On 26 April 2002, while serving in a USAR unit at Fort Stewart, Georgia, the applicant was advanced to the pay grade of E-4.

2.  On 26 August 2002, the applicant submitted a request through his chain of command for enlistment into the Regular Army, which was approved on the same day.

3.  On 9 January 2003, the applicant enlisted in the Regular Army in the pay grade of E-4, for a period of 3 years, a cash enlistment bonus and assignment to Fort Stewart.  At the time of his enlistment, an addendum (USAREC Form 1150-R-E) was prepared to reflect that the applicant was enlisting in the pay grade of E-4 and that his date of rank (DOR) would be adjusted at his first duty station.  However, his DD Form 4/1(Enlistment Contract) indicates that he enlisted in the pay grade of E-1.

4.  In the processing of this case a staff advisory opinion was obtained from the Total Army Personnel Command (PERSCOM) which opined that the applicant's enlistment contract dated 9 January 2003, incorrectly reflects that he enlisted in the pay grade of E-1.  However, the data base showed that his grade had already been corrected to show that he was serving in the pay grade of E-4 with a DOR of 9 January 2003 and therefore recommended no changes be made to his records.  The opinion was forwarded to the applicant for comment and to date no response has been received by the staff of the Board.

5.  Army Regulation 601-210 provides the policies and procedures for enlistment into the Regular Army.  It provides, in pertinent part, that members last separated from the USAR who enlists within 24 months of separation, will be enlisted in the same grade held at the time of separation.
DISCUSSION AND CONCLUSIONS:

1.  The applicant clearly separated from the USAR in the pay grade of E-4 and enlisted immediately into the Regular Army with the understanding that he would enlist in the pay grade of E-4 and have his DOR adjusted at his first duty station.

2.  However, at the time of his enlistment on 9 January 2003, his DD Form 4/1 was incorrectly prepared to reflect that he was enlisting in the pay grade of E-1.

3.  Notwithstanding the advisory opinion from the PERSCOM which indicates that the computer data bases indicate his pay grade as E-4 with a DOR of 9 January 2003, the evidence of record suggests that it would be in the interest of justice to correct the applicant's enlistment contract (DD Form 4/1) to reflect his entitlement to enlist in the pay grade of E-4.  In doing so, any future questions in the matter would be resolved.

BOARD VOTE:

rtd___  __  jns__ ___  lmb_____  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 showing that his DD Form 4/1 dated 9 January 2003, that he was authorized to enlist in the pay grade of E-4, instead of E-1 as currently reflected.  Accordingly, his DOR in the pay grade of E-4 is the date he enlisted (9 January 2003).

		___     John N. Slone____
		        CHAIRPERSON

INDEX

CASE ID	AR2003090029	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040210	
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.  112.0200	224/RK/DOR	
2.		
3.		
4.		
5.		
6.