RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       14 December 2005
      DOCKET NUMBER:  AR20050000599


      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. Stephanie Thompkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 correction to his pay grade (rank) on his DD
Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that he was discharged in the pay grade (rank) E-2
and this is not correctly reflected on his DD Form 214.  At the time of his
discharge he was serving in pay grade (rank) E-2.  On his DA Form 31
(Request and Authority for Leave) and DFAS Form's 702 (Defense Finance and
Accounting Service Military Leave and Earnings Statement) his pay grade is
listed as pay grade E-2. He applied for a change to his pay grade last
year, but was advised that due to both a redecision of his current
discharge status and compensation rating, he would have to wait to apply
for a rank change.

3.  The applicant provides copies of his DFAS Forms 702 from August through
December 2001, his DFAS Travel Voucher, his DA Form 31, and his DD Form
214.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the United States
Army Reserve (USAR), in pay grade E-1, effective 20 June 2001, for 8 years.
 He entered on active duty effective 12 July 2001 in pay grade E-1.

2.  The applicant's DFAS Form's 702 show he was promoted to pay grade E-2
with an effective date of 12 July 2001.

3.  On 10 August 2001, an Entrance Physical Standards Board (EPSBD)
identified the applicant as having a condition that existed prior to
service, a long previous medical history of migraine headaches,
incapacitating.  These Proceedings list his grade as pay grade E-1.  The
EPSBD determined the applicant did not meet retention standards and
recommended his separation from the military service.  On 14 August 2001,
the applicant concurred with the proceedings and requested discharge from
the Army.

4.  The applicant submits a copy of his DA Form 31, dated 20 August 2001,
that list his pay grade as E-2.  He also submits copies of his LES's from
1 August through 31 December 2001 that show he was promoted to pay grade E-
2 effective 12 July 2001, the date of his entry on active duty, and his pay
grade as E-2.  He also submits a copy of his DFAS Travel voucher that lists
his pay grade as E-2.

5.  He was discharged from active duty, in pay grade E-1, effective
4 September 2001, under the provisions of Army Regulation 635-200, Chapter
5, Paragraph 5-11, Failure to Meet Procurement Medical Fitness Standards.
He was credited with 1 month and 23 days total active service.

6.  He was issued a DD Form 214 and separation orders that list his pay
grade as E-1.

7.  The available records do not contain any order that promotes him to pay
grade E-2 or another document (i.e. a DA Form 4187, Personnel Action) that
reduces the applicant.

8.  On 18 February 2004, the applicant applied to the Army Discharge Review
Board for a change to the reason and characterization of his discharge.
The ADRB denied his request on 20 October 2004.

9.  Army Regulation 600-8-19, prescribes the policies and procedures for
the promotion of enlisted Soldiers.  Chapter 2, paragraph 2-3, of this
regulation, specifies that the eligibility for automatic promotion to pay
grade E-2 is 6 months time in service.  Promotion may be waived at 4 months
time in service.  Denial of an automatic promotion will be submitted no
later than the 20th day of the month preceding the month of automatic
promotion.  Paragraph 1-17, of this regulation, specifies that instruments
announcing erroneous promotions will be revoked when a Soldier is
erroneously promoted.  Commanders who issued paperwork for promotion or
current commanders may revoke an erroneous promotion and make a
determination of de facto status.

10.  Army Regulation 635-5 prescribes the policies and procedures regarding
separation documents.  The regulation specifies that the grade, rate or
rank entered will be the active duty grade or rank and pay grade at time of
separation.

11.  Army Regulation 635-200, prescribes the policies and procedures for
the separation of enlisted Soldier.  Chapter 5-11 of this regulation
specifies that Soldiers who are not medically qualified under procurement
medical fitness standards when accepted for enlistment may be separated.
Such conditions must be discovered during the first 6 months of active
duty.  Such findings will result in an EPSBD.  A Soldier will be separated
with an uncharacterized description of service if in entry-level status.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR and entered on active duty in pay
grade (rank) E-1.  An EPSBD determined the applicant did not meet retention
standards and recommended his separation.  The applicant concurred and he
was discharged from active duty effective 4 September 2001.  His DD Form
214 lists his pay grade as E-1.

2.  The documentation submitted by the applicant shows that he was promoted
to pay grade E-2 effective 12 July 2001 and received pay in that grade.
The evidence of records shows that the applicant enlisted in the USAR in
pay grade E-1 and completed 1 month and 23 days time in service prior to
his separation.  It appears that the applicant was erroneously promoted to
pay grade E-2 and allowed to keep the received pay.  His grade at
separation reverted back to his entry grade of E-1.  The evidence of record
does not show he was promoted to pay grade E-2 with a waiver of time in
service.  Pertinent regulations show that promotion to pay grade E-2 may be
waived at 4 months time in service.  Based on this requirement, the
applicant was not eligible for promotion to E-2 with a waiver until 19
October 2001.

3.  Notwithstanding the documentation submitted in this case, in the
absence of information to the contrary, it is concluded that the applicant
was properly separated in pay grade E-1.

4.  Based on the fact that the applicant has already received pay and
allowances for duty actually performed, his records should also be
corrected to show he served in a "de facto" status from 12 July through 4
September 2001, with no recoupment of pay and allowances.

5.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_MJF ___  __LGH __  __JS____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing he served in a de facto status in pay
grade E-2 from 12 July through 4 September 2001, when he was discharged
from active duty, with no recoupment of pay and allowances.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correction to his DD Form 214 to show his pay grade as E-2.




                                  ______John Slone______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000599                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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