PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 October 2001
	DOCKET NUMBER:   AR2001059480

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Karol A. Kennedy		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)

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 military records be corrected to show he was promoted to the rank and pay grade of private/E-2 (PV2) upon his entry on initial active duty for training (IADT) and that he receive all back pay and allowances due as a result.

3.  The applicant states, in effect, that he enlisted in the United States Army Reserve (USAR) in the rank and pay grade of private/E-1 (PV1) and continued to be paid in that rank and pay grade throughout his enlistment.  However, he states that he should have been promoted to PV2 upon his entering IADT.  He submits the following documents in support of his claim:  USAR discharge order; Enlistment/Reenlistment Document (DA Form 4/1 and 4/2); IADT order; certificate of appreciation; certificate of enlistment; and certificate of promotion (US Army Recruiting Form 994).

4.  The applicant’s military record shows that on 23 October 1995 he enlisted in the USAR for a period of 8 years for the alternate/delayed training program (DTP) option.  

5.  On 17 June 1996, he entered active duty to attend basic combat training (BCT).  On 7 August 1996, he completed BCT and was released from active duty and returned to his USAR unit of assignment.  The applicant failed to attend advanced individual training which ultimately resulted in his being discharged from the USAR on 1 February 1999, with an uncharacterized discharge.

6.  The applicant’s Department of the Army (DA) Form 2-1 (Personnel Qualification Record-PQR) reveals in Block 18 (Appointments and Reductions) that the applicant held the rank of PV1 throughout the period of his enlistment.  It gives no indication that he ever held the rank of PV2.

7.  The United States Army Recruiting Command (USAREC) Form 994 provided by the applicant confirms that he met the requirements prescribed in USAREC Regulation 601-95 to be promoted to PV2 effective upon his entry on IADT.

8.  The applicant provides a certificate of appreciation, dated 3 February 1996, which cited him for his enthusiasm in providing numerous referrals to the York Recruiting Station.  In addition, he submits a USAREC Form 994 that confirms he fulfilled the necessary requirements for promotion to PV2 prescribed by USAREC Regulation 601-95 and that this promotion would be effective upon his entry on IADT.

9.  Army Regulation 601-210 prescribes the policy and procedure for enlistment in the Army.  Paragraph 2-20 contains guidance on enlistment pay grades for personnel without prior service and states, in pertinent part, that if an applicant participates in the Army Referral Program and referred a qualified candidate that was received and verified prior to the date of enlistment, will be enlisted in pay grade E-2.  Verification of referrals is the responsibility of USAREC who is required to develop procedures to document and enclose verification of referrals in enlistment files.  

CONCLUSIONS:

1.  The Board notes the contention of the applicant that he should have been promoted to PV2 and finds this claim has merit.  By regulation, members of the DEP/DTP are authorized to be advanced to the rank and pay grade of PV2 upon their entry on active duty if they satisfy specified enlistment referral requirements. 

2.  The evidence of record clearly shows that the applicant met the requirements for advancement to PV2 upon his entry on IADT on 17 June 1996.  Therefore, the Board concludes it would be appropriate to correct his records to show this promotion and to provide him any back pay and allowances due as a result. 

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 was promoted to the rank and pay grade of PV2 on 17 June 1996 and by providing him all back pay and allowances due as a result.

BOARD VOTE:  

__MKP___  __KAK__  __RTD__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Margaret K. Patterson   _
		        CHAIRPERSON

INDEX

CASE ID	AR2001059480	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/02	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.0000	
2.		
3.		
4.		
5.		
6.