RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           12 April 2005
      DOCKET NUMBER:   AR20040000714


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Shirley L. Powell             |     |Member               |
|     |Mr. Curtis Greenway               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his enlistment contract be
corrected to show he enlisted as a sergeant, in pay grade E-5, vice as a
specialist, in pay grade E-4.

2.  The applicant states, in effect, that prior to enlisting in the Regular
Army (RA) on 20 January 2004, he was promoted to sergeant on 17 December
2002, while serving in an active duty status as a Reservist with Task
Force, 7th Squadron, 6th Cavalry Regiment.  He was honorably separated from
the United States Army Reserve (USAR) for enlistment in the Regular Army
and he was denied enlistment in the RA in the rank of sergeant/pay grade E-
5 due to not having completed the Primary Leadership Development Course
(PLDC).  However, he had completed PLDC; in fact, he completed PLDC on 15
November 2003.  Therefore the applicant believes that his record was
improperly evaluated and he was erroneously denied enlistment in the RA in
the rank of sergeant.  He believes that Army Regulation 600-8-19 supports
his claim.

3.  The applicant provides in support of his request:

      a.  Orders Number 351-13, Task Force 7th Squadron, 6th Cavalry
Regiment, dated 17 December 2002.


      b.  Memorandum from the Retention Management Division, United States
(US) Total Army Personnel Command (PERSCOM) (currently known as US Army
Human Resources Command (HRC)), dated 22 September 2003.


      c.  DA Form 1059, Service School Academic Evaluation Report), dated
15 November 2003.


      d.  Memorandum from Headquarters, 24th Infantry Division (MECH), Fort
Riley, Kansas, dated 15 March 2004.

CONSIDERATION OF EVIDENCE:

1.  A DD Form 214 (Certificate of Release or Discharge from Active Duty)
shows that prior to the period of service under review, on 5 July 2000, the
applicant was ordered to active duty for completion of training in military
occupational specialty (MOS) 52C (Utility Equipment Repairer).  He
completed the training requirements, and he was awarded primary military
occupational specialty (PMOS) 52C.  On 5 October 2000, he was honorably
released and returned to his USAR unit in pay grade E-2.  He had completed
3 months and 1 day of creditable active military service and 1 year, 2
months and 3 days of inactive service.

2.  Order Number 351-13 shows the applicant was eligible for promotion to
pay grade E-5 in PMOS 63B, effective 17 December 2002.

3.  On 15 November 2003, the applicant completed PLDC while serving in a
Reserve status in MOS 63B and in the rank of sergeant.

4.  On 20 January 2004, the applicant enlisted in the Regular Army for 3
years, training in PMOS 63B (Light Wheel Vehicle Mechanic) and in pay grade
E-4.

5.  On 22 September 2004, the HRC determined the applicant was authorized
enlistment in the RA in pay grade E-4, if otherwise qualified.  Due to RA
Non-Commissioned Officer Education System leadership requirements, grade
E-5 could not be considered.  .

6.  In connection with his application, the HRC, Alexandria provided an
advisory opinion, dated 14 July 2004, which states that chapter 3-17, Army
Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in
effect at the time, provided that an individual with prior service could
retain their current grade if enlisting within 24 months following
separation or if a current member of a Reserve Component, if a vacancy
exists provided they have completed appropriate RA NCOES leadership
requirements.  The applicant completed PLDC on 5 November 2003.  On 20
January 2004, he enlisted in the RA in pay grade E-4.  On 22 September
2004, after he enlisted, he received a grade determination for enlistment
in the RA in pay grade E-4, due to RA NCOES leadership requirements.  He
should have submitted a request for a grade determination prior to
enlistment.  However, at the time of the applicant's enlistment, there were
no vacancies in the applicant's PMOS 52C in the grade of E-5.  The MOS was
over strength at 106 percent with 124 Soldiers pending promotion to
sergeant.  The applicant enlisted in the Army at the correct grade, E-4;
therefore, the recommendation is no change of grade.

7.  The above advisory opinion was referred to the applicant for comment or
rebuttal, on 4 August 2004, the applicant responded by stating that his
PMOS was not PMOS 52C, at the time that he enlisted on 20 January 2004, his
PMOS was 63B.  He also states the reason that he did not request a grade
determination prior to enlisting in a RA status was that both the recruiter
and the Army liaison told him that he had to make the request at his new
unit, because they had neither the time or the resources to accommodate him
in making the request.

8.  On 22 March 2004, the staff of the Board contacted the HRC to determine
the strength of MOS 63B at the time of the applicant's enlistment.  It was
determined that MOS 63B was 106 percent over strength with 727 Soldiers
pending promotion to sergeant.

DISCUSSION AND CONCLUSIONS:

1.  The evidence available shows that on 20 January 2004, the applicant
enlisted in the RA, for PMOS 63B and in pay grade E-4.  Both MOS 63C and
MOS 63B were 106 percent over strength at the time the applicant enlisted
in a RA status.
The available record does not substantiate the applicant's claim that he
was denied a grade determination prior to enlistment.

2.  The applicant has provided no evidence that indicates he believed he
was enlisting in the RA in a pay grade higher than pay grade E-4.  In fact,
there is no evidence available to indicate that he requested a grade
determination prior to enlisting in the RA in pay grade E-4.  The applicant
has provided no evidence to the contrary.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__js____  __slp___  __cg____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.


                 John Slone
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040000714                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050412                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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