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ARMY | BCMR | CY2004 | 20040007715C070208
Original file (20040007715C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 June 2005
      DOCKET NUMBER:  AR20040007715


      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. David S. Griffin              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Hubert O. Fry, Jr.            |     |Member               |
|     |Ms. Linda D. Simmons              |     |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, reconsideration of the Board's
previous denial of his request to restore his enlistment grade as pay grade
E-4

2.  The applicant states, in effect, that he originally enlisted in pay
grade E-4, but was later reduced to pay grade E-3.  He further states that
a previous request for review was denied due to lack of documents to prove
he was entitled to pay grade E-4.  He adds that he had prior service in the
Georgia Army National Guard and was discharged effective 16 May 2003.

3.  The applicant provides a copy of The Adjutant General, State of Georgia
Orders 183-C11, dated 2 July 2003, which shows the applicant was discharged
from the Army National Guard (ARNG) and as a reserve of the Army effective
16 May 2003 in the rank of private (PV1)/pay grade E-1.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20040000853, dated 29 June 2004.

2.  In the previous findings the ABCMR found that there was no evidence of
record to verify that the applicant had prior service.  The ABCMR also
stated that it was not clear if the applicant would have been eligible to
enlist in pay grade E-4 for any reason.

3.  The copy of The Adjutant General, State of Georgia Orders 183-C11,
dated
2 July 2003 is new evidence, which will be considered by the Board.

4.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) prescribes eligibility criteria governing the enlistment of
persons, with or without prior service, into the Regular Army and the Army
Reserve.  Paragraph 3-17, in pertinent part, states that current or former
members of a Reserve Component who have taken part in an Initial Active
Duty for Training (IADT) program and have been awarded a military
occupational specialty (MOS) and enlist within 12 months from date released
from IADT, the enlistment pay grade will be the grade held at time or
release from IADT.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should have been enlisted in pay grade E-
4 based on prior service.

2.  There is no evidence of record and the applicant has not submitted any
evidence to show what pay grade he held upon release from IADT or if he
completed IADT while in the ARNG.

3.  The applicant's discharge from the ARNG shows he was a private/pay
grade E-1 at the time of discharge.

4.  In view of the foregoing, there is no evidence to show that the
applicant should have been enlisted in pay grade E-4 based on prior
service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__ JS___   __HOF__  __LDS        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 to amend the decision of
the ABCMR set forth in Docket Number AR20040000853, dated 29 June 2004.




                                    _____John Sloan_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007715                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050614                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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