| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Ms. Karol A. Kennedy | Chairperson | |
| Mr. Mark D. Manning | Member | |
| Mr. Thomas Lanyl | Member |
APPLICANT REQUESTS: That his records be corrected to show his pay grade as E-7 and his date of pay grade as 1 October 1996.
APPLICANT STATES: That he enlisted in good faith with the understanding that his spouse was eligible for recruiting duty, and was rejected from the 79R Course because she was not.
EVIDENCE OF RECORD: The applicant's available military records show:
During the period 9 September 1994 to 8 July 2000, the applicant, a member of the Army Reserve, served on active duty and attained pay grade E-7, effective 1 October 1996. He was honorably discharged in pay grade E-7 under Army Regulation 635-200, chapter 4, based on the completion of his required active service.
On 20 December 2000, the applicant enlisted in the Regular Army in pay grade E-6 for 3 years, training in military occupational specialty 79R (Recruiter) and assignment to the Denver Recruiting Battalion, Denver, Colorado. Section VI – Remarks, of his enlistment contract, indicates he has 3 dependents. There is nothing in his contract to indicate he was guaranteed his spouse would be admitted to the Army Recruiting and Retention School. His date of rank was established as 20 December 2000. He authenticated a statement that “I hereby state that I have NOT been promised anything other than what is written on this form and hereby waive any claim based upon any promise or representation not annexed to my contract.”
The applicant requested expeditious separation due to a defective unfulfilled enlistment contract, which was approved. The US Army Recruiting and Retention School, Fort Jackson, South Carolina, apparently allowed him to withdraw from the school due to the fact that his military spouse was in pay grade E-4 and not eligible for recruiting duty.
On 20 March 2001, he was honorably discharged, in pay grade E-6, under Army Regulation 635-200, chapter 7, section IV, based on a defective enlistment agreement. His separation document indicates he had 3 months and 1 day of creditable service for this period and 8 years, 11 months and 22 days of prior active service. This document erroneously indicates he was transferred to AR- PERSCOM USAR Control Group (Reinforcement), St. Louis, Missouri.
ARPC-PSV-A-E552 Orders C-04-110698, AR-PERSCOM, dated 16 April 2001 voluntarily released the applicant from the USAR Control Group (Reinforcement) and assigned him to a unit, effective 13 April 2001, in pay grade E-6 and MOS 79R.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant enlisted in pay grade E-6 and was honorably discharged 3 months and 1 day later in that grade with no indication of a promotion.
2. There is no evidence in the available record to indicate anything about his service being based on his military spouse’s qualification for or assignment to the Recruiting and Retention School. The applicant has not shown error or injustice.
3. The servicing personnel office did make an error in the discharge of the applicant by assigning a discharged soldier to the USAR Control Group; however, that error is not sufficiently mitigating to over turn his assignment.
4. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_mdm___ _kak____ __tl____ DENY APPLICATION
| CASE ID | AR2001060646 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020423 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 129.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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