PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            29 March 2000                   
	DOCKET NUMBER:   AR1999033797

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. James P. Steuve		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 correction of his enlistment contract to show he enlisted in the pay grade of E-4 instead of in the pay grade of E-3.

3.  The applicant states that his Advanced Enlistment Grade Authorization Form should show his enlistment grade as E-4 in accordance with AR 601-210, paragraph 3-17,(b),(2).  He contends this regulation clearly states that current service members of a Reserve Component in the grade of E-4 with no more than 5 years of active federal service and who enlists within 24 months of separation, will be enlisted in the grade of specialist (SPC).  In support of his application, he submits copies of a USAREC Addendum to DD Form 1966 Series and two Personnel Action Forms.

4.  The applicant’s military records show that he entered the U.S. Army Reserve (USAR) on 11 September 1996 and completed training as an automated logistical specialist. 

5.  The DA Form 4187 (Personnel Action), dated 1 September 1998, submitted by the applicant shows he was advanced to the pay grade of E-4/SPC, with a date of rank of 1 September 1998, under the provisions of Army Regulation 140-158, paragraph 3-8.  The Army Reserve commander approved a waiver for the time in service requirement when he recommended the applicant for advancement to the pay grade of E-4/SPC. 

6.  On 12 November 1998, the applicant requested enlistment in the Regular Army.  His Army Reserve unit commander approved this request on 13 November 1998.  The applicant enlisted in the Regular Army on 15 June 1999 for a period of 3 years in the pay grade of E-3.

7.  In the processing of this case, an advisory opinion was obtained from the U.S. Total Army Personnel Command Retention Management Division.  The advisory opinion was provided to the applicant for his information and comment.  He was given 15 days to respond; however, the applicant has not replied in over 30 days.

8.  This advisory opinion noted that in accordance with AR 601-210, paragraph 3-17(2), any individual who was last separated from any component or is a current member of a Reserve component in the pay grade of E-4 and enlists within 24 months from the date of separation, the enlistment grade will be E-4.  The opinion also noted that the applicant was a member of the Army National Guard (SIC) at the time of enlistment and in the grade of E-4.  The Chief of Retention Management recommended that the applicant’s enlistment grade be changed to E-4 and his date of rank (DOR) be adjusted to 1 September 1998.

9.  Army Regulation 601-210, at paragraph 3-17(b)(2), provides that a service member who 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.

CONCLUSIONS:

1.  At the time of the applicant’s enlistment in the Regular Army, he was serving in the pay grade of E-4 in the Army Reserve.  It appears that the applicant’s enlistment in the pay grade of E-3 was the result of an administrative error.  Accordingly, he is entitled to correction of his records to show he enlisted in the Regular Army in the pay grade of E-4 with a date of rank of 1 September 1998.

2.  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 the individual concerned enlisted in the Regular Army on 15 June 1999 in the pay grade E-4 with a date of rank of 1 September 1998.

BOARD VOTE:  

RGH____  MDM____  JPS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Robert G. Hinkle______
		        CHAIRPERSON

INDEX

CASE ID	AR1999033797	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000329	
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.	129.000	
2.		
3.		
4.		
5.		
6.