RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           23 September 2004
      DOCKET NUMBER:   AR2004100104


      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:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Roger Able                    |     |Member               |
|     |Ms. Eloise C. Prendergast         |     |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 her record be corrected to show
she enlisted in the Regular Army (RA) in the rank and pay grade of
specialist/E-4 (SPC/E-4).

2.  The applicant states, in effect, that she was promoted to SPC/E-4 in
the United States Army Reserve (USAR) fifteen days prior to signing her RA
enlistment contract and entering active duty.  She claims to have enlisted
in the RA as a private first class/E-3 (PFC/E-3) because she was unaware of
his USAR promotion to SPC/E-4 when she entered active duty.

3.  The applicant provides the following documents in support of her
application:  Personnel Action Form (DA Form 4187), Statement of Service
(DA Form 1506), Enlistment Contract (DD Form 4/1 and 4/2), and Army
Regulation 140-158 Extract.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that at the time of her application to
this Board, she was serving on active duty in the RA.  It further shows
that she served in the USAR from 15 September 2000 through 30 September
2002.

2.  On 1 October 2002, the applicant enlisted in the RA and entered active
duty in the rank and pay grade of PFC/E-3.

3.  A DA Form 4187, dated 5 December 2003, prepared by the commander of the
applicant’s personnel service branch, confirms the applicant was promoted
to SPC/E-4 on 15 September 2002.  It further indicates the Army Training
and Reservation System (ATARS) showed the applicant’s rank as SPC/E-4, but
was erroneously changed to PFC/E-3 without proper documentation.  It
finally requested that all systems be corrected to show the applicant’s
rank and pay grade as SPC/E-4 with a date of rank of 15 September 2002 and
that the applicant receive any back pay due.
4.  In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Policy and Eligibility Inquiries Branch, Army
Human Resources Command (HRC).  It indicates a review of the applicant’s
record revealed that she was erroneously accessed in the rank and pay grade
of
PFC/E-3 on 1 October 2002, but had in fact been promoted to SPC/E-4 on
15 September 2002, while a member of the USAR.  Therefore, HRC officials
recommend the applicant’s record be corrected to show she enlisted in the
RA and entered active duty in the rank and pay grade of SPC/E-4 on 1
October 2002, and that she receive any financial entitlements that she
otherwise would have qualified for had her enlisted grade been correct.

5.  The applicant was provided a copy of the HRC advisory opinion in order
to have the opportunity to respond.  On 24 February 2004, she concurred
with its contents.

6.  Army Regulation 140-158 (Enlisted Personnel Classification, Promotion,
and Reduction) prescribes the policy and procedures governing the
classification, advancement, promotion, reduction, and grade restoration of
applicable USAR soldiers.  Paragraph 3-8 provides guidance on advancement
to SPC and promotion to corporal (CPL).  It states that a PFC in a
promotable status will be advanced to SPC or promoted to CPL under this
paragraph.  It further states that the advancement or promotion will be
accomplished by the custodian of the soldier's personnel records without
regard to a unit vacancy.  It also states, in pertinent part, that a
soldier in a promotable status will be advanced to SPC or promoted to CPL
when he or she has completed 6 months time in grade as a PFC, completed 24
months time in service and has been awarded a primary military occupational
specialty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that she should have enlisted in the RA in the
rank and pay grade of SPC/E-4 was carefully considered and found to have
merit.  The evidence of record confirms the applicant met the eligibility
criteria for promotion to SPC/E-4 on 15 September 2002.  As a result, she
was eligible to enter the RA in that rank and pay grade, as confirmed by
HRC officials in the advisory opinion provided.
2.  In view of the facts of this case, it would be appropriate to correct
the applicant’s record to show she was authorized an enlistment rank and
pay grade of SPC/E-4 and that she entered the RA and active duty in that
rank and pay grade on 1 October 2002, which is the appropriate date to
establish as her SPC/E-4 advancement effective date and date of rank.
Further, she should be provided all back pay and allowances due as a result
of this accession rank correction.

BOARD VOTE:

_RJW___  _RA ____  _ECP___  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
showing she enlisted in the Regular Army and entered active duty in the
rank and pay grade of specialist/E-4 on 1 October 2002 and that this date
was established as the effective date and date of rank of her advancement
to this rank and pay grade; and by providing her any back pay and
allowances due as a result.




            _RAYMOND J. WAGNER___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100104                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/09/DD                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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