2.  In effect, the applicant requests that the effective date and date of rank of his promotion to pay grade E-3 be retroactively adjusted to 27 April 1993.  

3.  The applicant enlisted in the Reserve and was on an initial active duty tour (IADT) for basic training from 
3 June 1992 through 6 August 1992 at Fort Leonard Wood, Missouri.  His pay grade at the time of his release was E-1. There is no evidence that he was awarded a military occupational specialty (MOS) as a result of this training.

4.  The applicant was advanced to pay grade E-3 on 
18 April 1993 by his Reserve unit commander.

5.  On 27 April 1993 the applicant requested enlistment in the Regular Army.  His grade as shown on his request is E-2; his MOS, 94B00 (cook).

6.  The applicant enlisted in the Regular Army for 4 years and 14 weeks on 26 May 1993 in pay grade E-1.  The applicant signed the document acknowledging his enlistment 
grade as E-1.

7.  On 12 October 1994 he was advanced to pay grade E-3.  His MOS is shown as 14R10 (air defense artillery crewmember).

8.  Army Regulation 601-210 governs the eligibility criteria, policies, and procedures for enlistment in the Army.  Paragraph 2-2 of that regulation states that persons considered nonprior service (NPS), but previously separated from any Reserve Component of the Armed Forces with fewer than 180 days on active duty are identified as “GLOSSARY NONPRIOR SERVICE” and all provisions applicable to nonprior service are also applicable to “GLOSSARY NPS”. 

9.  Rule I of table 2-3 stated that the pay grade for an enlistee with less than 180 days as a member of the Armed Forces will be per table 3-3.  

10.  In processing of this case, an informal opinion was obtained from an official of the Total Army Personnel Command (PERSCOM).  That official stated that rule A of table 3-3 applies in this case.  Rule A states, in effect, that the applicant will be enlisted one grade lower than that held at time of release from IADT but not less than grade E-2.

CONCLUSIONS:

1.  The applicant should have been enlisted in the Regular Army in pay grade E-2 on 26 May 1993. 

2.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  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 26 May 1993 in pay grade E-2.

2.  That so much of the application as in excess of the foregoing be denied.                

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON