IN THE CASE OF: BOARD DATE: 19 May 2015 DOCKET NUMBER: AR20140014093 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 1 August 2011, to show he enlisted in the U.S. Army Reserve (USAR) in pay grade E-7 with a date of rank (DOR) of 1 August 2011. 2. The applicant states: a. His enlistment on 1 August 2011 was in pay grade E-6 when it should have been in pay grade E-7. b. As a lieutenant colonel, he was approaching his mandatory removal date (MRD) of 31 July 2011 and he reached out to the U.S. Army Recruiting Command (USAREC) and U.S. Army Human Resources Command requesting to resign his commission and enlist in the USAR. Since he was one of the first cases of this nature for USAREC, they were somewhat unsure of the process and action. c. He was under the impression he should have been allowed to enlist in pay grade E-7. However, USAREC stated he could not enlist in a pay grade higher than E-6. Since he was within 30 days of his MRD, he enlisted in pay grade E-6 instead of E-7. d. Since August 2011, there have been additional situations parallel to his case and such lieutenant colonels were approved to enlist in pay grade E-7, not E-6. e. A letter from USAREC states he should have been enlisted in pay grade E-7. 3. The applicant provides: * USAREC letter, dated 31 July 2014 * memorandum, dated 25 July 2011 * Unit Manning Report (UMR), dated 6 August 2011 * DD Form 4, dated 1 August 2011 * Command and General Staff Officer Course Diploma * DA Form 2-1 (Personnel Qualification Record) CONSIDERATION OF EVIDENCE: 1. Having prior enlisted and commissioned service in the Army National Guard and commissioned service in the USAR in the rank of lieutenant colonel, his DD Form 4 shows he enlisted in the USAR on 1 August 2011 in pay grade E-6. His DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows an administrative waiver for grade determination was approved by a USAREC official and an appropriate control number was assigned in Section VI (Remarks). 2. He provided a memorandum from his commanding officer, dated 25 July 2011, which states this memorandum is to serve as a letter of acceptance for entry into that unit in pay grade E-7. He provided a UMR prepared on 6 August 2011 showing he was assigned to an E-7 position. 3. He also provided a letter from a Human Resources Supervisor at USAREC, dated 31 July 2014, which states: a. In June 2011, the applicant contacted that office in regard to reaching his MRD and his request to convert to an enlisted status. He had his commander's letter of acceptance for an E-7 position and was assigned to an E-7 position on the UMR. b. In general, the recommended enlisted grade for a former lieutenant colonel is E-6. However, in this case more consideration should have been given for entering at a higher grade since the unit was willing to accept him in pay grade E-7. c. Due to this administrative error, the applicant was approved to enlist in pay grade E-6. d. He should have been enlisted in pay grade E-7. 4. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes the eligibility criteria governing the enlistment of persons, with or without prior service, in the Regular Army, U.S. Army Reserve, and Army National Guard. Paragraph 3-18 provides guidance for the enlistment pay grade for prior service persons who enlist in the Reserve Component. The enlistment grade for a Soldier who last separated from any component of the Armed Forces as a commissioned officer or warrant officer will be determined by the appropriate authority. The authority to determine the grade for Soldiers entering in pay grades E-6 through E-9, when assignment is for a troop program unit of the Selected Reserve is USAREC. DISCUSSION AND CONCLUSIONS: 1. The applicant requests correction of his DD Form 4, dated 1 August 2011, to show he enlisted in the USAR in pay grade E-7 with a DOR of 1 August 2011. 2. The evidence confirms, having attained the rank of lieutenant colonel in the USAR, the applicant converted to an enlisted status and enlisted in the USAR on 1 August 2011 in pay grade E-6. 3. After his enlistment in July 2014, USAREC officials point out: * the applicant had his commander's letter of acceptance for an E-7 position * he was in an E-7 position on the UMR * more consideration should have been given for him entering at a higher grade since the unit was willing to accept him in pay grade E-7 * he should have been enlisted in pay grade E-7 4. Based on the recommendation from USAREC and in accordance with the applicable governing regulation, it would be appropriate to correct his DD Form 4, dated 1 August 2011, to show he enlisted in the USAR in pay grade E-7 with a DOR of 1 August 2011. 5. As a related issue, he should receive any back pay and allowances that flow from this records correction. BOARD VOTE: ____X___ ____X___ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending his DD Form 4, dated 1 August 2011, to show he enlisted in pay grade E-7; b. amending his E-7 DOR to read 1 August 2011; and c. paying him any back pay and allowances that flow from this records correction. ____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20140014093 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140014093 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1