ABCMR Proceedings (cont)                                                        AR2002083219

PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:             5 August 2003                  
	DOCKET NUMBER:    AR2002083219

	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. Joseph A. Adriance | | Analyst

  The following members, a quorum, were present:

| Mr. Luther L. Santiful | | Chairperson
| Mr. Curtis L. Greenway | | Member
| Mr. Ronald J. Weaver | | 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 sergeant/E-5 (SGT/E-5) date of rank (DOR) be changed to 22 September 2000. 

3.  The applicant states, in effect, that at the time he was assessed into the United States Army Reserve (USAR), he was granted a rank and pay grade of specialist/E-4 (SPC/E-4).  However, in accordance with the governing enlistment regulation, a former enlisted member who enlists in the USAR within 30 months of his last separation is entitled to be enlisted in the grade he held at the time of his last separation.  He claims in his case, because he held the grade E-5 when he was separated from the United States Marine Corps Reserve (USMCR) on
5 April 1999, he should have been enlisted in that pay grade when he entered the USAR on 22 September 2000.  

4.  The applicant’s military records show that he was honorably released from active duty (REFRAD) in the USMC on 5 April 1996, and transferred to the Marine Corps Reserve Command, USMCR, Kansas City, Missouri.  At the time of his separation from active duty, he held the rank and pay grade of SGT/E-5.  

5.  On 5 April 1999, upon completion of USMCR service, he was honorably discharged from the USMC.  At that time, he still held the rank and pay grade of SGT/E-5.  

6.  On 22 September 2000, the applicant enlisted in the USAR for six years.  A Record of Military Processing – Armed Forces of the United States 
(DA Form 1966/3) prepared on the applicant during his enlistment processing contains a statement indicating that in accordance with the governing regulation, the authorized enlistment pay grade for the applicant was E-4.   

7.  In connection with the processing of this case, an advisory opinion was obtained from the Director, Full Time Support Management Directorate, United States Army Reserve Personnel Command (ARPERSCOM), who opined that the governing regulation supports the applicant’s petition.  However, United States Army Recruiting Command (USAREC) has complete authority concerning enlistment in the USAR.  The applicant was provided a copy of this opinion and concurred with its contents on 25 July 2003.  

8.  Army Regulation 601-210, which became effective on 28 March 1995, prescribes eligibility criteria governing the enlistment of persons, with or without prior service (PS), into the Regular Army and the USAR.  Paragraph 3-18 contains the policy enlistment pay grades for PS personnel for USAR enlistment. It states, in pertinent part, that an applicant who is a former enlisted member, either Active or Reserve Component, who enlists within 30 months from last separation will be enlisted in grade held at time of last separation.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that his SGT/E-5 DOR should be changed to 22 September 2000, and it finds this claim has merit.  

2.  By regulation, former enlistment members who enlist in the USAR within 30 months of their last separation will be entitled to the pay grade they held at the time of their last separation.  

3.  The evidence of record confirms the applicant was discharged from the USMCR on 5 April 1999, and at that time he held the rank and pay grade of SGT/E-5.  Given, his last separation was less than 18 months prior to his 
22 September 2000 enlistment in the USAR, the applicant was well within the 
30 month regulatory enlistment criteria necessary to be authorized the rank and pay grade of SGT/E-5 upon his enlistment in the USAR.  Thus, the Board concludes it would be appropriate to grant the requested relief in this case.  

4.  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 at the time the individual concerned enlisted in the USAR, he was authorized to enlist in the rank and pay grade of sergeant/E-5; by adjusting his sergeant/E-5, and by adjusting his date of rank to 22 September 2000 accordingly; and by providing him all back pay and allowances due as a result.  

BOARD VOTE:  

__LS__  _RJW___  __CLG__  GRANT AS STATED IN RECOMMENDATION

________  ________  ______  GRANT FORMAL HEARING

________  ________  ______  DENY APPLICATION

		Luther L. Santiful
		CHAIRPERSON

INDEX

CASE ID | AR2002083219
SUFFIX |
RECON |
DATE BOARDED | 2003/08/DD
TYPE OF DISCHARGE | N/A
DATE OF DISCHARGE | N/A
DISCHARGE AUTHORITY | N/A
DISCHARGE REASON | N/A
BOARD DECISION | GRANT PLUS)
REVIEW AUTHORITY |
ISSUES         1.  21 | 102.0700
2. |
3. |
4. |
5. |
6. |