2. The applicant requests correction of his records to show that he was enlisted in the Regular Army on 3 September 1997 in pay grade E-4 vice E-3. The applicant, in his application dated 4 September 1997, states that he was advanced to pay grade E-4 while a member of the Michigan Army National Guard (MIARNG), so he should have been enlisted in the higher pay grade.
3. The applicant enlisted in the MIARNG in April 1996. A DD Form 4187, dated 8 August 1997 advanced him to pay grade E-4, effective 9 August 1997.
4. He enlisted in the Regular Army on 3 September 1997 in pay grade E-3. He was advanced to pay grade E-4 on 4 September 1997.
5. In an advisory opinion to the Board (COPY ATTACHED), the Total Army Personnel Command (PERSCOM), advised, in effect, that in accordance with Army Regulation 601-210, paragraph 2-20l(5), soldiers who lack documentation at the time of enlistment will be promoted only on the date they provide that information to the unit commander. As the applicants advancement was unknown at the time of his enlistment, PERSCOM recommended correcting his records to show that he was promoted to pay grade E-4 effective 4 September 1997, the date he submitted his application to the Board.
5. Army Regulation 601-210, paragraph 3-17 provides, in effect, that if an individual was last separated from any component or is a current member of a Reserve Component in pay grade E-4 with not more than 5 years Active Federal Service, and enlist within 24 months from the date of separation the enlistment grade will be E-4.
CONCLUSIONS:
1. As provided by the relevant regulation, the applicant is only eligible for enlistment at the higher pay grade if he had the required documentation at the time of his enlistment. Otherwise, it is only effective the day he presents it to his unit commander.
2. Although there is no direct evidence that he presented the DA Form 4187 promoting him to pay grade E-4 at the time of his enlistment, the fact that he submitted his application to the Board and was promoted to pay grade E-4 the day after he enlisted makes it reasonable that he had the DA Form 4187 at the time of enlistment.
3. In view of the foregoing, 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 amending the enlistment contract dated 3 September 1997 of the individual concerned to show that he enlisted in pay grade E-4 under the provisions of AR 601-210, paragraph 3-17.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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