2. In effect, the applicant requests that the effective date of his advancement to pay grade E-2 be changed from
9 January 1992 to 29 October 1991. The applicant also requests that he be allowed to reenlist in the Army.
4. The applicant states that his enlistment rank did not take into account his participation in the Boy Scouts of America and his certification as an Eagle Scout.
5. The applicant was certified an Eagle Scout by the Boy Scouts of America on 24 October 1991.
6. The applicant entered active duty on 29 October 1991 in pay grade E-1. He was advanced to pay grade E-2 effective
9 January 1992 with a date of rank of 29 October 1991, under the provisions of Army Regulation 601-210, table 2-3,
rule L.
7. The applicant was released from active duty on
11 August 1994, under the provisions of Army Regulation
635-200, paragraph 5-17, in order to attend school. His reentry code shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) is RE-3.
8. On 29 August 1996 the applicant requested to the commander of the Redding, California recruiting station, that he be granted a reenlistment code waiver in order for him to reenlist in the Army. On 8 October 1996 the applicant requested assistance from a member of congress (MC) in order to reenlist. The MC forwarded the applicants appeal, eventually reaching this Board.
9. On 27 June 1997 an official of the Redding, California recruiting station stated that the applicant reenlisted in the Army on 28 October 1996 for four years and was currently stationed in Vilseck, Germany.
10. Army Regulation 600-200, then in effect, governs the policies and procedures for enlisted promotions. Paragraph 7-5, in pertinent part, states that the date of advancement (effective date) will not be earlier than the date of the commanders signature. The date of rank and effective date will be the same. The date of rank may be earlier than the effective date when the commander determines that a soldier should have been advanced earlier but was not advanced due to administrative error or oversight. (See paragraph
7-6e(4).
11. Paragraph 7-6e(4) states that the effective date stated on a promotion instrument (orders or DA Form 4187) is the date of the instrument or a future date. For soldiers entitled to an effective date of promotion before the date of the instrument, the instrument will indicate, as additional instructions, the date the promotion should have occurred; it will also indicate that the soldier may apply to the Army Board for Correction of Military Records to have the effective date of promotion corrected.
12. Army Regulation 601-210, then in effect, governs the policies and procedures for enlistment in the Army. Rule L of table 2-3 states that if an applicant is or has been a member of the Boy Scouts of America and is a recipient of Boy Scout Eagle Certificate Form 58-708 he will be enlisted in pay grade E-2.
13. Rule K of table 2-3 states, in effect, that if an applicant lacks documentation for advanced promotion at the time of enlistment, the soldier may submit supporting documents to his personnel officer within 12 months of active service. That rule goes on to say that the soldier will be advised to submit a request to the Army Board for Correction of Military Records to receive adjustment (pay) for effective date versus date of promotion orders.
CONCLUSIONS:
1. The applicants request that he be allowed to reenlist in the Army is dated. He has reenlisted and the Board need take no action on this request.
2. The applicants effective date of advancement to pay grade E-2 should be 29 October 1991, the same date as his date of rank. He should receive all pay and allowances in pay grade E-2 from that date.
3. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicants records as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was advanced to pay grade E-2 effective
29 October 1991 and that he receive all pay and allowances in pay grade E-2 from that date.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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