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ABCMR Proceedings (cont)                     AC97-11788

PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:      25 February 1998
	DOCKET NUMBER:   AC97-11788

	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:

| Ms. | Joann H. Langston | | Chairperson
| Mr. | Calvin M. Fowler | | Member
| Ms. | Karen L. Wolff | | 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 enlistment contract   (DD Form 4/3) dated 11 June 1997 be corrected to show that he enlisted in the pay grade of E-2.

3.  The applicant states that he enlisted in the USAR under the Delayed Entry Program (DEP) on 14 June 1996 with the understanding that he would enlist in the pay grade of E-2 based on his being an Eagle Scout and because he referred another person for enlistment.  He was a senior in high school at the time.  He further states that it was not until he received his shipping orders that he was informed that he could not be enlisted in the pay grade of E-2 without his high school diploma.  He also states that he was informed that his recruiter had not filled out the proper forms to ensure he was enlisted in the pay grade of E-2 because of the high number of applicants and overall general confusion that existed at the time.  In support of his application he submits a statement from his recruiter at the time that attests that the proper documentation was not filled out at the time he entered active duty, but was subsequently completed on 15 October 1997.

4.  The applicant’s military records show that the applicant, while a high school senior, enlisted in the USAR under the DEP, in the pay grade of E-2, on 14 June 1997.  

5.  On 11 June 1997 the applicant entered active duty in the pay grade of E-1.  He was subsequently promoted to the pay grade of E-2 on 11 December 1997.

6.  In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM), Retention Management Division, which opined that the applicable regulations provide that an applicant who makes a referral of a potential applicant will be enlisted in the pay grade of E-2.  The PERSCOM verified that the applicant had made such a referral and opined that the applicant’s recruiter had failed to provide the necessary documents to allow the applicant to enlist in the pay grade of E-2.  The PERSCOM recommended that the applicant date of rank for the promotion to the pay grade of E-2 be adjusted to 11 June 1997, the date of his enlistment.

CONCLUSIONS:

1.  The applicant was qualified for initial enlistment in the pay grade of E-2.  However, through no fault of the applicant, he was denied enlistment in that grade and was denied a benefit that he was entitled to receive.

2.  Inasmuch as the applicant has already been promoted to the pay grade of E-2, it would be appropriate in this case to adjust the applicant’s effective date and date of rank for promotion to the pay grade of E-2 to 11 June 1997, the date of his enlistment. 

3.  Additionally, the applicant should be paid all back pay and allowances that he would have received had he been properly enlisted in the pay grade of E-2.

4.  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 by adjusting the effective date and DOR of the individual concerned to show that he was promoted to the pay grade of E-2 effective 11 June 1997, with entitlement to all back pay and allowances.                

BOARD VOTE:  

  KW     JHL      CMF  GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

		                           
		        CHAIRPERSON