PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                20 January 2000              
	DOCKET NUMBER:        AR1999029539

	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.  

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Gary F. Geraets		Member	
	Ms. Barbara J. Ellis		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, correction of his DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) to show that he enlisted in the Regular Army in the pay grade of E-4 on 1 April 1999 instead of pay grade E-2. 

3.  The applicant states, in effect, that his DD Form 4/1 is incorrect.  In support of his application he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), copy of Army Regulation 601-210, paragraph
3-17b (2), copy of DD Form 4/1 and a copy of DD Form 4/2 (Continuation of
DD Form 4/1).  He also states that his DD Form 214 was unavailable at the time of his enlistment.

4.  The applicant’s military records show that he initially enlisted in the Massachusetts Army National Guard (MAARNG) on 16 May 1997 and was released from active duty training (ADT) and returned to the MAARNG on 12 September 1997 in the pay grade of E-4.

5.  The DD Form 4/1 provided by the applicant shows that he enlisted in the pay grade of E-2 on 1 April 1991 for a period of 3 years.

6.  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 applicants for enlistment.  Paragraph 3-17 covers enlistment pay grade for applicants with prior military service who are enlisting into the Regular Army.
Paragraph 3-17b (2) applies to applicants who were last separated from any Component and are current members of a Reserve Component in the grade of 
E-4 with not more than 5 years Active Federal Service, and who enlist 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 Commanding General (CG), Personnel Command (PERSCOM).  Special Instructions: Term of enlistment will be for 3 years only.  Exceptions will be considered when no vacancy exists in former military occupational specialty (MOS); or other service occupation does not convert, and, retraining is required.
When training is authorized, the term of enlistment, when added to previous Active Federal Service, will not exceed a total of 8 years.

7.  In the processing of this case an advisory opinion (COPY ATTACHED) was provided by the Total Army Personnel Command (PERSCOM) Retention Management Division.  The PERSCOM stated that the applicant enlisted on active duty on 1 April 1999 as an E-2.  However, at the time of enlistment the

applicant was within 24 months of separation from the MAARNG.  Under the provisions of Army Regulation 601-210, paragraph 3-17b (2), E-4 applicants who
were last separated and are current members of a Reserve Component in the grade of E-4 and enlist within 24 months of separation, the enlistment grade will be SPC (E-4).  Therefore, it is recommended that the applicant’s grade be adjusted to SPC (E-4) with a date of rank or 1 April 1999.

CONCLUSIONS:

1.  The applicant’s DD Form 4/1 incorrectly shows that on 1 April 1999 he enlisted in the pay grade of E-2.

2.  Evidence of record shows that the applicant was entitled to enlist in the pay grade of E-4 in accordance with Army Regulation 601-210, paragraph 3-17 b (2). Therefore, he is entitled to correction of his records to show that he enlisted in the Regular Army on 1 April 1999 in the pay grade of E-4, instead of the pay grade of E-2.

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 that the individual concerned enlisted in the Regular Army on 1 April 1999 in the pay grade of E-4, instead of pay grade E-2 under the provisions of Army Regulation 601-210, paragraph 3-17b (2).

BOARD VOTE:  

RGH____  GFG_____  BJE____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Robert G. Hinkle______
		        CHAIRPERSON

INDEX

CASE ID	AR1999029539	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000120	
TYPE OF DISCHARGE	NA	
DATE OF DISCHARGE	ACTIVE DUTY	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1021		
2.		
3.		
4.		
5.		
6.