MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 May 2000
	DOCKET NUMBER:   AR1999029859

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John P. Infante		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his enlistment contract be corrected to reflect that he enlisted in the pay grade of E-4.

APPLICANT STATES:  In effect, that at the time he enlisted in the Regular Army he was serving in the Naval Reserve in the pay grade of E-4.  Accordingly, he should have been enlisted in the Regular Army in the pay grade of E-4.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army in the pay grade of E-2 on 22 April 1998 for a period of 4 years, training as a field artillery cannon crewman, assignment to Fort Drum, New York, and a cash enlistment bonus of $12,000.00. 

His contract indicates that he served in the Naval Reserve from May 1997 to February 1998; however, there is no indication of his grade during the time served. 

In the processing of this case a staff advisory opinion was obtained from the Total Army Personnel Command (PERSCOM) Retention Management Division which opined that there was no evidence in his records to support his claim and that the applicant should submit a copy of his Request for Conditional Release (DD Form 368) from the Naval Reserve to substantiate his claim.  The applicant was provided a copy of the advisory opinion for comment in October 1999 and has to date failed to respond.

Army Regulation 601-210 provides the enlistment criteria for enlisting in the Regular Army.  It states, in pertinent part, that if a current member of a Reserve component serving in the pay grade of E-4 with less than 5 years of active Federal service (AFS) enlists within 24 months of separation, the enlistment grade will be in the pay grade of E-4.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  In the absence of evidence to the contrary, it must be presumed that the actions taken by the Army in his case were correct.  The applicant has been afforded an opportunity to provide additional evidence to the Board to support his contentions and has failed to do so. 

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__sk____  ___jev __  ___jpi ___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029859	
SUFFIX		
RECON		
DATE BOARDED	2000/05/31	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  224	112.0200/GRADE/DOR	
2.		
3.		
4.		
5.		
6.