RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	 18 October 2005 
	DOCKET NUMBER:  AR20050001756 


	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

Ms. Linda D. Simmons

Member

Mr. Kenneth W. Lapin

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, correction to his pay grade in the Regular Army (RA) to show he enlisted in the pay grade of E-4. 

2.  The applicant states that he was discharged from the Reserve on 21 May 2003 as a specialist, pay grade E-4.  He reenlisted on 1 October 2004, within 24 months of his discharge date.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), his Army National Guard (ARNG) discharge orders, his DD Form 4/1 (Enlistment/Reenlistment Document, Armed Forces of the United States), his DA Form 4187 (Personnel Action), and excerpts of Army Regulation 601-210 (page 17).

CONSIDERATION OF EVIDENCE:

1.  The applicant's ARNG records were not provided to this Board and were not available on the National Guard Bureau Permanent Electronic Records Management Systems.  Information herein was obtained from the applicant's Army enlisted records and documentation submitted by the applicant.

2.  The applicant's available records show that he was ordered to active duty in support of Operation Enduring Freedom effective 11 February 2003.  He was released from active duty, in pay grade E-4, effective 21 May 2003 and was transferred to an ARNG unit.  He was issued a DD Form 214 that shows his pay grade as E-4 with an effective date of 15 January 2003.  

3.  He was discharged from the Puerto Rico (PR) ARNG, in pay grade E-2, effective 1 March 2004, under the provisions of National Guard Regulation 600-200, paragraph 8-26k, Interim Policy All States for unsatisfactory participation.  He was assigned reenlistment eligibility (RE) code 3.  His discharge orders show type of discharge, Honorable (NGB Form 55a).

4.  The applicant was given a waiver of the RE code 3 for the purpose of reenlisting in the Regular Army.  He enlisted in the Regular Army, in pay grade
E-2, effective 1 October 2004.

5.  On 9 November 2004, the Chief, Personnel Actions Branch, Fort Jackson, South Carolina, verified and approved a DA Form 4187, submitted by the applicant.  The DA Form 4187, Section IV (Remarks) states the applicant's rank 

was erroneously entered on a DD Form 4 due to an administrative error, as pay grade E-2.  The pay grade should be changed to E-4 under the Army Regulation 601-210, chapter 2, paragraph 3-17.

6.  In an advisory opinion from the Chief, Force Alignment Division, Human Resources Command, Alexandria, Virginia, he stated that a review of the applicant's enlistment contract, dated 7 October 2004, indicated the applicant enlisted in the correct grade of E-2.  In accordance with the authority of Army Regulation 601-210, chapter 2, paragraph 3-17, applicants last separated from a Reserve Component and who enlist within 24 months from the date of separation, the enlistment grade will be the same grade held at the time of separation.  The records indicated the applicant was last discharged from the ARNG in the grade of E-2 with an effective date of 1 March 2004.  In view of the foregoing, it was recommended the applicant's request be denied.

7.  The advisory opinion was forwarded to the applicant for acknowledgement and/or possible rebuttal on 17 March 2005.  He did not respond.

8.  National Guard Regulation 600-200, prescribes the policy and procedures for the separation of enlisted personnel from the ARNG.  Paragraph 8-7a(2) of this regulation specifies that a NGB Form 55a will be issued to a Soldier discharged from the ARNG only who reverts to control of the Army Reserve with honor.  Character of the discharge and service is "Honorable".  Paragraph 8-26 lists the reasons, applicability, codes and board requirements for administrative discharges from the Reserve, the State ARNG only, or both.  There are no listed provisions for 8-26k.  Paragraph 8-27 lists the reasons for discharge from the State ARNG not listed in paragraph 8-26.  Paragraph 8-27k states reason for discharge will be for other reasons as stipulated by State law.  Soldiers may be assigned RE 1 or RE 3.  

8.  Army Regulation 601-210, prescribes the policy and procedures for the enlistment of personnel in the RA and USAR.  Chapter 2, paragraph 3-17, of this regulation specifies that an applicant last separated from any component or is a current member of a Reserve Components in the pay grade of E-4 with not more that 5 years active Federal service, and enlists within 24 months from the date of separation, the enlistment grade will be pay grade E-4.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows that the applicant was last separated from the PRARNG, in pay grade E-2, effective 1 March 2004.  He enlisted in the RA, in pay grade E-2, effective 7 October 2004.  
2.  Pertinent regulations show that an applicant last separated from a Reserve Component and who enlists within 24 months from the date of separation, will be enlisted in the same grade held at time of separation.

3.  While the applicant's DD Form 214, dated 21 May 2003, shows his pay grade as E-4 with an effective date of 15 January 2003, his ARNG discharge orders show his pay grade as E-2.  The applicant's enlistment contract shows he was granted a waiver of the RE code 3 from the National Guard for unsatisfactory performance.  It is reasonable to assume that he was reduced in pay grade due to his unsatisfactory performance.  The applicant was issued an administrative discharge from the PRARNG.  In the absence of evidence to the contrary, he was last discharged from the ARNG in the pay grade of E-2; therefore, his grade at the time of his enlistment in the Regular Army is correct and he has not shown otherwise.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_JS_____  _KWL___  _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 for correction of the records of the individual concerned.




            John Slone________
          CHAIRPERSON




INDEX

CASE ID
AR20050001756
SUFFIX

RECON

DATE BOARDED
2005/10/18
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
129.00
2.
129.05
3.

4.

5.

6.