RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 4 January 2005
DOCKET NUMBER: AR20040003846
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 |
| |Mr. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Ms. Karen A. Heinz | |Chairperson |
| |Mr. Robert L. Duecaster | |Member |
| |Mr. James B. Gunlicks | |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, a correction to the date of rank
listed on his separation document (DD Form 214) based on his enlistment
date.
2. The applicant states, in effect, the date of rank listed on his
separation document coincides with his active duty date rather than his
enlistment date.
3. The applicant provides a copy of his enlistment contract in support of
his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged error or injustice
that occurred on 22 May 2001. The application submitted in this case is
dated
18 February 2004.
2. The applicant’s record contains an enlistment contract (DD Form 4) that
confirms he enlisted in the United States Army Reserve (USAR) for 8 years
on 24 June 2000. Section B (Agreements) of the DD Form 4/1 confirms the
applicant was enlisting with the beginning pay grade of E-3. This document
was authenticated by the applicant and by the enlistment officer. Annex A
(DA Form 3540-R) to the enlistment contract confirms the applicant was
enlisting in the USAR for 8 years, 6 years as a member of a Troop Program
Unit (TPU) and
2 years in the Individual Ready Reserve (IRR).
3. A Statement of Understanding (USAREC Form 1150-R-E) attached to the
contract confirms the applicant’s enlistment grade was E-3 in accordance
with Army Regulation 601-210.
4. A Record of Military Processing (DD Form 1966/1) attached to the
applicant’s enlistment contract confirms he completed 15 years of
education. It also verifies that his enlistment date was 24 June 2000, his
pay grade was E-3, his date of rank was 24 June 2000 and his active duty
service date was 6 September 2000.
5. The DD Form 214 issued to the applicant upon his release from active
duty (REFRAD) after completing his initial active duty for training on 22
May 2001, confirms he served on active duty for 8 months and 17 days, from
6 September 2000 through 22 May 2001. Items 4a and 4b of this document
contain entries indicating he held the rank and pay grade of private first
class/E-3 (PFC/E-3) on the date of his REFRAD. Item 12f (Effective Date of
Pay Grade) contains an entry indicating his date of rank was 6 September
2000, the date he entered active duty.
6. Army Regulation 601-210 prescribes eligibility criteria governing the
enlistment of persons into the Regular Army (RA) and USAR. Paragraph 2-19
contains guidance on pay grade and date of rank. It states, in pertinent
part, that the date of rank of persons enlisting in the USAR without prior
service will be the date of enlistment. Paragraph 2-20 provides for
persons enlisting who have completed 60 or more semester hours of college
to enlist in the rank and pay grade of private first class/E-3.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s contention that his PFC/E-3 date of rank was
erroneously listed as 6 September 2000 on his 22 May 2001 separation
document was carefully considered and found to have merit.
2. The evidence of record confirms the applicant enlisted in the USAR on
24 June 2000, in the rank and pay grade of PFC/E-3. By regulation, the
date of rank of members enlisting in the USAR will be the date of
enlistment. Therefore, the applicant’s PFC/E-3 date of rank should have
been established as 24 June 2000, the date of his enlistment in the USAR.
3. In view of the facts of this case, it would be appropriate to correct
Item 12f of the applicant’s 22 May 2001 DD Form 214 to read 24 June 2000.
BOARD VOTE:
___JBG__ __RLD__ __KAH __ GRANT 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
amending his 22 May 2001 DD Form 214 by deleting the current entry in Item
12f (Effective Date of Pay Grade) and replacing it with the entry “24 June
2000”; and by providing him a corrected separation document that reflects
this change.
____Karen A. Heinz_____
CHAIRPERSON
INDEX
|CASE ID |AR20040003846 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005/01/04 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |2001/05/22 |
|DISCHARGE AUTHORITY |AR 635-200 |
|DISCHARGE REASON |Completion of IADT |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |129.0500 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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