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ARMY | BCMR | CY2005 | 20050011647C070206
Original file (20050011647C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 OCTOBER 2005
      DOCKET NUMBER:  AR20050011647


      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. Rene' R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 corrected by
changing his pay grade from E-4 to E-3.

2.  The applicant states that his DD Form 4/1 (Enlistment/Reenlistment
Document, Armed Forces of the United States), should read "in pay grade E-
3" and not "in pay grade E-4."

3.  The applicant provides copies of his DD Form 4/1, with an effective
date of   21 July 2005, copy of his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge), Memorandum for Record (MFR) from
the U.S. Army Recruiting Command, and a Statement of Understanding in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The DD Form 4/1of the applicant's enlistment contract shows that he
enlisted in the Regular Army in the pay grade of E-4 on 21 July 2005.

2.  The applicant's DD Form 214 shows that he separated from active duty on
    9 August 1999 in the pay grade of E-4.  He had 4 years of active
federal service at the time of separation.  The applicant completed his
reserve obligation on       8 December 2002.

3.  On 22 July 2005, a MFR from the U.S. Army Recruiting Command (USAREC),
43rd Adjutant General Battalion, Fort Leonard Wood, Missouri, confirmed
that his DD Form 4/1 is incorrect and the his pay grade should be corrected
to read E-3.

4.  In a Statement of Understanding, the applicant states that he
understood the options under his enlistment contract, and that he submitted
the requested change under no coercion and for his own benefit.

5.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) paragraph 3-17 states if an applicant was last separated from any
Component or is a current member of a Reserve Component (RC) in grades E-1
through E-4 with not more than 7 years active Federal service (AFS) and
enlists within 24 months from the date of separation, the enlistment grade
will be the same grade held at time of separation.  If enlisting more than
24 months from completion of military service obligation, reduce one grade
for every additional 6 months, but do not go below the grade of PV2 unless
separated as PV1.  The term of enlistment, when added to the previous AFS,
will not exceed 10 years.

DISCUSSION AND CONCLUSIONS:

1.  An error was made during the preparation of the applicant’s enlistment
contract, which resulted in an incorrect pay grade being shown on his
DD Form 4/1.

2.  The applicant's enlistment contract erroneously shows his pay grade as
E-4. The applicant's DD Form 214 verifies that he enlisted in the Army
within 2 years and 7 months of completion of his reserve obligation.
Therefore, he should have enlisted in the Army in the pay grade of E-3, as
specified by regulation.

3.  Additionally, the MFR from USAREC dated 22 July 2005, confirmed that
the applicant's DD Form 4/1 is incorrect and should be corrected to reflect
his pay grade of E-3.

BOARD VOTE:

__TK ___  __PM ___  __CK ___  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 his pay grade of E-3.





                                  ______Ted Kanamine________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050011647                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051013                                |
|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.       |112.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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