Author: +

ABCMR Proceedings (cont)                     AC97-11787

PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:      11 March 1998
	DOCKET NUMBER:   AC97-11787

	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.  The following members, a quorum, were present:

| Mr. | Luther L. Santiful | | Chairperson
| Mr. | Fred N. Eichorn | | Member
| Mr. | Robert W. Garrett | | Member

	Also present, without vote, were:

| Mr. | Karl F. Schneider | | Acting Director
| Mr. | Jessie B. Strickland | | Examiner

	The applicant and counsel if any, did not appear before the Board.

	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)

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 that his report of separation  (DD Form 214) dated 14 November 1996 be corrected to show his pay grade as E-3 with a date of rank (DOR) of 31 August 1996 and his enlistment contract (DD Form 4/1) dated 30 September 1997 be corrected to show that he enlisted in the pay grade of E-3 with a DOR of 30 September 1997. 

3.  The applicant states that while in the USAR serving on initial active duty for training (IADT), he was advanced to the pay grade of E-3 while attending his advanced individual training on 31 August 1996.  However, due to the short time between his advancement and his discharge back to the USAR, his records were not updated.  Consequently, he was discharged in the pay grade of E-2.  He further states that when he enlisted in the Regular Army on 30 September 1997, he had to enlist in the pay grade of E-2 because his DD Form 214 indicated that he was discharged in the pay grade of   E-2.  He goes on to state that had his DD Form 214 been correct at the time of his discharge, he would have been able to enlist in the pay grade of E-3.

4.  The applicant’s military records show that the applicant, while serving on active duty as a USAR soldier attending his advanced individual training at Fort Lee, Virginia, was advanced to the pay grade of E-3 effective 31 August 1996 by his USAR unit in Georgia.  There is no indication on the promotion instrument to show that a copy was forwarded to his duty station at the time.

5.  On 14 November 1996 the applicant was released from IADT in the pay grade of E-2 and returned to his USAR unit in Georgia.  His DOR in the pay grade of E-2 on his DD Form 214 shows a date of 14 April 1996.

6.  On 30 September 1997 the applicant enlisted in the Regular Army in the pay grade of E-2 for a period of 3 years.

7.  In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM) Retention Management Division.  It opined that the applicant was promoted to the pay grade of E-3 during his IADT and the applicable regulations provide that if a current member of the Reserve Components enlist in the Regular Army within 12 months of IADT, the entry grade will be the grade held at the completion of IADT. 

CONCLUSIONS:

1.  The applicant was promoted to the pay grade of E-3 by his USAR unit in Georgia effective 31 August 1996.  However, it appears that the promotion orders were not forwarded to the applicant’s active duty station in Virginia prior to his being released from active duty.  Accordingly, the applicant was incorrectly released from IADT in the pay grade of E-2. Therefore, it would be appropriate at this time to correct the applicant’s records to show that he was released from IADT on 14 November 1996 in the pay grade of E-3 with a DOR of 31 August 1996. 

2.  As a result of the applicant being incorrectly released from IADT in the pay grade of E-2, he was unjustly denied the opportunity to enlist in the Regular Army in the pay grade of E-3.  Therefore, in view of the circumstances in this case, the applicant’s records should be corrected to show that he enlisted in the Regular Army in the pay grade of E-3 on 30 September 1997, with a DOR of 30 September 1997, with entitlement to all back pay and allowances from that date.

3.  In view of the foregoing, it would be appropriate 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:

a   by showing that the individual concerned was released from IADT on 14 November 1996 in the pay grade of E-3 with a DOR of 31 August 1996; and

b.  by showing that he enlisted in the Regular Army on 30 September 1997 in the pay grade of E-3, with a DOR/effective date of 30 September 1997 with entitlement to all back pay and allowances from that date.              

BOARD VOTE:  

  LS      FE      RWG  GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

		                           
		        CHAIRPERSON