RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 November 2005
      DOCKET NUMBER:  AR20050004009


      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. Stanley Kelley                |     |Chairperson          |
|     |Ms. Diane J. Armstrong            |     |Member               |
|     |Ms. Della R. Trimble              |     |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 Section B (Agreements), Block 8
of her DD Form 4/1 (Enlistment/ Reenlistment Document) be corrected to show
that she enlisted in the Regular Army in the pay grade E-3, instead of pay
grade E-4.

2.  The applicant states, in effect, that the pay grade on her DD Form 4/1
is incorrect.  She further states that she enlisted under the Army Civilian
Acquired Skills Program (ACASP).

3.  The applicant provides a copy of:

      a.  pages 1 and 2 of her Enlistment Reservation Data;

      b.  her DD Form 4/1 (Enlistment/Reenlistment Document), dated 16
February 2005;

      c.  a Memorandum for Record (MFR) from the U.S. Army Recruiting
Command (USAREC) Liaison at Fort Leonard Wood, Missouri, dated
17 February 2005; and

      d.  a Statement of Understanding, dated 17 February 2005, signed by
the applicant.

CONSIDERATION OF EVIDENCE:

1.  Page 1 of the applicant's Enlistment Reservation Data showed her grade
as 3 (E-3).

2.  Section B, Block 8 of the applicant's DD Form 4/1 showed that on 16
February 2005, she enlisted in the U.S. Army for a period of 5 years in pay
grade E-4.

3.  The applicant was enlisted in the Army Civilian Acquired Skills
Enlistment Program (ACASP) as a Spanish linguist with an agreement for
accelerated promotion to pay grade E-5 upon recommendation from her
commander.

4.  The MFR from USAREC, dated 17 February 2005, stated that the DD Form
4/1 is incorrect and that the applicant's enlistment pay grade should be
corrected to pay grade E-3.

5.  The applicant's request for correction of enlistment data, if approved
by the Army Board for Correction of Military Records (ABCMR), results in a
change to the applicant's pay grade.  As a result, the staff of the ABCMR
notified all applicants who filed similar requests to affirm that they
understood the options contained in their enlistment contracts, that they
want the requested change made, and that the request was made without
coercion and for the benefit of the applicant.  Each applicant was provided
30 days to respond and, in the absence of a response, the application would
be considered by the ABCMR.  In this case, the applicant affirmed the
request to change the enlistment data, and the case is being considered by
the ABCMR.

6.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program), then in effect, stated in pertinent part, that persons enlisted
under the ACASP would be in pay grade E-3 if they met the prerequisites of
the military occupational specialty (MOS) for which they were enlisting.
Promotion to the accelerated grade and award of the MOS authorized by the
enlistment agreement would be made either with approval of the unit command
or by the training commander for active Army personnel, after successful
completion of all training required by the enlistment program selected.

7.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides
in paragraph 1-17 that when a Soldier has been erroneously promoted, and
has received pay at the higher grade, a determination of "de facto status"
may be made only to allow the Soldier to keep any pay and allowances
received at the higher grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her pay grade on her enlistment contract is
incorrect.

2.  The evidence shows that an error was made during the preparation of the
applicant's enlistment contract, which resulted in an incorrect pay grade
shown on her enlistment contract.

3.  The Memorandum for Record from USAREC confirmed that the enlistment
contract is incorrect and should be corrected to reflect her pay grade as E-
3.

4.  Notwithstanding the errors in her enlistment documents, the applicant
enlisted in the Regular Army for 5 years and 00 weeks in the pay grade of E-
3.  Therefore, in the interest of justice, her enlistment contract should
be amended accordingly and she should be granted de facto status for the
period of service that she had served as an E-4.
BOARD VOTE:

___sk___  ___drt___  ____dja__  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
granting de facto status for the period of service that she served in pay
grade E-4 and by amending DD Form 4/1 of her enlistment contract to show
that she enlisted in the Regular Army in the pay grade of E-3 instead of E-
4 as currently reflected.





                                  _________Stanley Kelley_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004009                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051108                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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