PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 March 2000                   
	DOCKET NUMBER:   AR1999032194

	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.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Thomas D. Howard, Jr.		Member	
	Ms. Carol Jo Suiter		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 his records be corrected to show he enlisted in the rank of Specialist (SPC), E-4.

3.  The applicant states that he was in the Army National Guard as an E-4 and he should have been enlisted in the Regular Army as an E-4.

4.  The applicant’s military records show that he enlisted in the Army National Guard on 29 June 1993.  He was promoted to SPC on 9 September 1995.  On 22 November 1996, he enlisted in the Regular Army as a Private First Class, E-3. His basic active service date (BASD) of 29 May 1996 is correctly adjusted to reflect his prior active duty for training time.  He was promoted to SPC on            1 December 1997.

5.  In the processing of this case, an advisory opinion was obtained from the Retention Management Division, U. S. Total Army Personnel Command.  The advisory opinion noted that Army Regulation 601-210, paragraph 3-17(2) provides that any applicant who was last separated from any component or is a current member of a Reserve Component in the grade of E-4 and who enlists within 24 months from the date of separation is entitled to enlist in the grade of  E-4.  That office recommended that his enlistment grade be changed to E-4 and that his date of rank be adjusted to 22 November 1996.

6.  A copy of the advisory opinion was provided to the applicant for comment.  He did not respond within the given time frame.

CONCLUSIONS:

1.  The Board concludes that the applicant met the criteria for enlistment in the Regular Army as a SPC, E-4.

2.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

     a.  showing that the applicant enlisted in the Regular Army on 22 November 1996 in the rank of Specialist, E-4 with a date of rank of 22 November 1996; and 

     b.  that the applicant be paid all pay and allowances due as a result of the aforementioned correction.

BOARD VOTE:  

__jh____  __tdh___  __cjs___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			June Hajjar
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999032194	
SUFFIX		
RECON		
DATE BOARDED	20000309	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	112.02	
2.		
3.		
4.		
5.		
6.