RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           17 February 2004
      DOCKET NUMBER:  AR20040002742


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard              |     |Chairperson          |
|     |Mr. John P. Infante               |     |Member               |
|     |Ms. Maribeth Love                 |     |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 that his records be corrected to show he
enlisted in the Regular Army in pay grade E-5.

2.  The applicant states that had his DD Form 214 (Certificate of Release
or Discharge from Active Duty) been correct in the first place, he would
have retained the rank of Sergeant, E-5 when he enlisted.  The Army Board
for Correction of Military Records (ABCMR) has since corrected his DD Form
214.  Now his enlistment grade should be corrected.

3.  The applicant provides his certificate of promotion; his promotion
orders; his DD Form 214; ABCMR Record of Proceedings Docket Number
AR2003088404 dated 3 February 2004; his 6 May 2003 enlistment contract and
enlistment orders; his current assignment orders; and a certificate showing
he completed the Primary Leadership Development Course.

CONSIDERATION OF EVIDENCE:

1.  The applicant was ordered to active duty from the U. S. Army Reserve
(USAR) on 4 June 2002.  Task Force, 7th Squadron, 6th Cavalry Regiment,
Camp Doha, Kuwait Order Number 351-6 dated 17 December 2002 promoted him to
Sergeant, E5 with a date of rank and effective date of 17 December 2002.

2.  The applicant was released from active duty on 13 February 2003.  His
DD Form 214 for the period ending 13 February 2003 showed his rank and
grade as Specialist, E-4.  Item 12h (Effective Date of Pay Grade) of this
DD Form 214 shows his effective date of rank as 7 October 1999.

3.  The applicant enlisted in the Regular Army on 6 May 2003 in pay grade E-
4 for 5 years for the enlistment option of Special Forces Recruit.

4.  On 3 February 2004, the ABCMR corrected the applicant's DD Form 214 for
the period ending 13 February 2003 to show he separated as a Sergeant, E-5.
 Item 12h of the DD Form 214 was not corrected to show his E-5 effective
date of rank of 17 December 2002.

5.  In the processing of this case, an advisory opinion was obtained from
the Retention Management Division, U. S. Army Human Resources Command.
That office noted that Army policy in effect at the time of the applicant's
6 May 2003 enlistment authorized applicants with prior service to retain
their current grade, if enlisting within 24 months following separation, or
if a current member of a Reserve component and provided a valid vacancy
existed.  Based on the applicant's promotion to E-5 on 17 December 2002, a
request for grade determination should have been submitted to their office
when he enlisted in the Regular Army.  Given the incentive for which he
enlisted, Special Forces Recruit, had a request for a grade determination
been submitted it would have been approved for enlistment in the grade of E-
5.  Therefore, that office recommended approval of the applicant's request.

6.  A copy of the advisory opinion was provided to the applicant for
comment.  He concurred with the advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had been promoted to Sergeant, E-5 on 17 December 2002.
However, his DD Form 214 for the period ending 13 February 2003 erroneously
showed he separated as a Specialist, E-4.

2.  The applicant enlisted in the Regular Army on 6 May 2003 in pay grade E-
5.  In accordance with Army policy at the time and the advisory opinion,
had the applicant's correct grade been known at the time he enlisted a
grade determination would have allowed him to enlist in pay grade E-5.

3.  It would be equitable to correct the applicant's records at this time
to show he enlisted in the Regular Army on 6 May 2003 in pay grade E-5 and
to pay him all back pay and allowances due as a result of this correction.

4.  A further correction to the applicant's DD Form 214 for the period
ending        13 February 2003 needs to be made.  Item 12h shows his
effective date of rank as 7 October 1999.  It appears that was his E-4
effective date of rank.  Item 12h should be corrected to show his E-5
effective date of rank, i.e., 17 December 2002.

BOARD VOTE:

__tdh___  __jpi___  __ml___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

     a.  showing he enlisted in the Regular Army on 6 May 2003 in pay grade
E-5 and paying him all back pay and allowances due as a result of this
correction; and

    b.  further correcting his DD Form 214 for the period ending 13
February 2003 to show his Sergeant, E-5 effective date of rank as 17
December 2002 in item 12h.




            __Thomas D. Howard__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040002742                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050217                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |112.02                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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