2. In effect, the applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) of 5 August 1994 be changed to show his pay grade as E-3, and that his record show that he enlisted in the Regular Army on 16 May 1995 in the pay grade of E-4.
3. The applicant states that he was promoted to E-3 on
1 June 1994, and his DD Form 214 should have reflected that grade when he was discharged. He was promoted to pay grade E-4 on 8 May 1995 and he enlisted in the Regular Army on
16 May 1995.
4. The applicant was advanced to pay grade E-3 on
1 June 1994 by his National Guard commander. He entered on active duty for training on 14 June 1994 and was released from active duty on 5 August 1994 at Fort Benning, Georgia. His DD Form 214 shows his pay grade as E-2.
5. On 12 March 1995 the applicant requested enlistment in the Regular Army. His pay grade shown on his request
is E-3. On 8 May 1995 the applicant was promoted to pay grade E-4 by his National Guard Commander. Eight days later, on 16 May 1995, he enlisted in the Regular Army for three years in pay grade E-2.
6. Army Regulation 601-210 governs eligibility criteria, policies, and procedures for enlistment in the Regular Army.
Paragraph 3-17b(2) states, in effect, that an applicant who was last separated from any component or is a current member of a Reserve component in the grade of E-4 with not more than 5 years active federal service, and enlists within
24 months from date of separation, will be enlisted in pay grade E-4.
7. Paragraph 2-20l of the aforementioned regulation states, in pertinent part, that an applicant who lacks documentation at time of enlistment may submit supporting documents to his personnel officer within 6 months of enlistment. Effective date and date of rank will be the effective date of the promotion by the unit commander. No retroactive adjustment is authorized and each applicant will be advised that failure to produce documents before enlistment or after time frames above will cause them to forfeit entitlement to this incentive.
8. Information obtained from an official of the Eligibility Inquiries Section at the Total Army Personnel Command (PERSCOM) is that the applicant was promoted to pay grade
E-4 in the Regular Army on 1 May 1997. That official also stated that the applicant should have been enlisted in pay grade E-3 based on his request for Regular Army enlistment of 12 March 1995, which shows his grade as E-3. The PERSCOM official opined that it was the responsibility of the applicant to produce documentation to show that he had been promoted to pay grade E-4, and, if proffered after his enlistment, he would be promoted in accordance with the procedures contained in paragraph 2-20l of the aforementioned regulation. That official opined that, since the applicant had not offered documentation showing his promotion to pay grade E-4, then his date of promotion to that grade should be 15 September 1995, the date of his application to this Board.
CONCLUSIONS:
1. The applicant was advanced to pay grade E-3 on
1 June 1994. He should have entered active duty on
14 June 1994 in that grade, and his DD Form 214 of
5 August 1994 should reflect his pay grade as E-3.
2. Notwithstanding the opinion from PERSCOM, the applicant was promoted to pay grade E-4 on 8 May 1995 and should have been enlisted in that grade.
3. The applicant should receive all pay and allowances due.
4. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicants 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:
a. Entered on active duty on 14 June 1994 in pay grade E-3 and was released from active duty in that grade on
5 August 1994. His DD Form 214 should be changed accordingly, and
b. Was promoted to pay grade E-4 on 8 May 1995 and enlisted in the Regular Army in that grade on 16 May 1995 under the provisions of Army Regulation 601-210, paragraph 3-17b(2).
2. The applicant should receive all due pay and allowances.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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