RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 December 2005
      DOCKET NUMBER:  AR20050009858


      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. Prevolia A. Harper            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Mr. Scott W. Faught               |     |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 that his enlistment contract be amended to show
his correct pay grade.

2.  The applicant states, in effect, that he enlisted in the Army in the
pay grade of E-3 for which he was not qualified.  He further states that
his DD Form 4/1 (Enlistment-Reenlistment Document-Armed Forces of the
United States) should be corrected to reflect the correct pay grade for
which he is authorized.

3.  The applicant provides:

      a.  Statement of Understanding, dated 2 June 2005.

      b.  A U.S. Army Recruiting Command Liaison Memorandum, dated 2 June
2005.

      c.  A DD Form 4/1, dated June 1 2005.

      d.  A DD Form 214 (Certificate of Release or Discharge from Active
Duty)

      e.  A Copy of his enlistment reservation data.

CONSIDERATION OF EVIDENCE:

1.  The DD Form 214 provided by the applicant shows that he entered Initial
Active Duty for Training (IADT) on 24 November 2004 as a member of the
United States Army Reserve (USAR).  He completed IADT on 8 April 2005 and
was awarded the military occupational specialty 88M10 (Motor Transport
Operator).
The applicant’s pay grade upon completion of this training was E-1.

2.  The applicant's DD Form 4/1shows that he enlisted in the Regular Army
on 1 June 2005 for a period of 3 years and 2 weeks.

3.  The applicant’s enlistment contract confirms that he entered active
duty in the pay grade E-3.

4.  Page 1 of the Statement of Understanding completed by the applicant
during his enlistment processing shows he was enlisting for Option 9B
(United States Army Training Station/Unit Area Command Enlistment Program)
in the MOS 88M (Motor Transport Operator).  His pay grade is shown as E-3.

5.  The training reservation sheet completed on the applicant during his
processing for entrance on active duty shows that he did not receive any
bonus incentive pay in connection with his enlistment.

6.  The applicant provided a Statement of Understanding in which he
explained that he understood the available options under his enlistment
contract and requests correction of his DD Form 4/1 to show he enlisted in
the pay grade E-2 instead of E-3.  The applicant further stated that his
request was submitted under no coercion and for his own benefit.

7.  The applicant provided a copy of a memorandum from the Headquarters,
U.S. Army Recruiting Command Liaison, dated 2 June 2005.  The applicant
stated, in effect, that the enlistment commitment made at the time of his
enlistment was erroneous due to a mistake by the Army Guidance Counselor at
the Military Entrance Processing Command.  The applicant further stated
that this resulted in
him being enlisted in the pay grade E-3 for which he is not qualified.  The
applicant explained that he elected to be administratively reduced to the
pay grade E-2 for which he is qualified and to fulfill his term of
enlistment. in accordance with Army Regulation 635-200, chapter 7.

8.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) prescribes eligibility criteria governing the enlistment of
persons, with or without prior service (PS), into the Regular Army (RA) and
the Army Reserve (AR) Section II, chapter 6 contains guidance on the
guidance counselor phase of processing.  It states, in pertinent part, that
applicants who failed to meet specific qualifications for MOS, options, and
assignments, for which they applied will be counseled and advised of all
other available options that would still meet the applicants needs, wants,
and desires as well as the needs of the U.S. Army.

9.  Army Regulation 601-210, paragraph 3-17 (2), states that if an
applicant has been awarded an MOS and enlists within 12 months from the
date released from Initial Active Duty for Training (IADT), the enlistment
pay grade will be the grade held at the time of release from IADT but not
less than E-2.

10.  Army Regulation 635-200 (Personnel Separations), state, in pertinent
part, that when it is discovered that a Soldier’s enlistment or extension
is erroneous because he/she failed to meet qualifications for enlistment,
the unit commander will initiate action to retain, discharge, or release
the Soldier from active duty or Active Duty for Training.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to amend his enlistment contract to show his
pay grade as E-2 instead of E-3 was carefully considered and found to have
merit.

2.  The evidence of record confirms that the applicant enlisted in the pay
grade E-3.  However, an error was made during the preparation of the
applicant's enlistment contract.  The error resulted in an incorrect pay
grade being shown on his enlistment contract.  By regulation, he was only
entitled to enlist in the pay grade E-2.  Therefore, the applicant’s
records should be corrected to show that he enlisted in the Army in the pay
grade E-2.

3.  Notwithstanding the DD Form 4/1 which shows a Regular Army enlistment
in the pay grade of E-3, the applicant enlisted in the Regular Army in the
pay grade of E-2.  Therefore, his enlistment contract should be amended
accordingly.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__RTD_ _  __ JBG__  __SWF__  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
amending his enlistment contract to show that he enlisted in the Regular
Army in the pay grade of E-2.




                                  ____ Richard T. Dunbar____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009858                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT- partial)                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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