RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 October 2005
DOCKET NUMBER: AR20050014211
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 |
| |Mrs. Victoria A. Donaldson | |Analyst |
The following members, a quorum, were present:
| |Mr. Ted S. Kanamine | |Chairperson |
| |Mr. Patrick H. McGann, Jr. | |Member |
| |Mr. Carol A. 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, in effect, that his enlistment contract be
corrected to show that he enlisted in the Regular Army in the pay grade E-
1.
2. The applicant states, in effect, that his enlistment contract
erroneously shows he enlisted in the Army in the pay grade of E-4.
3. The applicant provides a Statement of Understanding, dated 16 March
2005; a Memorandum for Record from the United States Army Recruiting
Command (USAREC), dated 16 March 2005; a copy of DD Form 4/1 and 4/3
(Enlistment/Reenlistment Document); and two pages of a RA Applicant Data
Report, dated 27 January 2005.
CONSIDERATION OF EVIDENCE:
1. The applicant's enlistment contract in paragraph 8 of section B
(Agreements) of the DD Form 4/1, shows that he enlisted in the Army Reserve
on 14 March 2005 under the Delayed Entry/Enlistment Program (DEP) for a
period of 8 years and 00 weeks in the pay grade E-1.
2. Paragraph 20a of section F of the DD Form 4/3, shows that he was
discharged from the DEP and enlisted in the Regular Army for a period of 4
years and 00 weeks.
3. Paragraph 21 of section F of the DD Form 4/3 shows that he was
discharged from the Reserve Component and has accepted enlistment in the
Regular Army in the pay grade of E-4.
4. The Memorandum for Record from USAREC, dated 16 March 2005, shows that
the enlistment contract is incorrect and the pay grade should be corrected
to show the pay grade as E-1.
5. The applicant's Statement of Understanding from USAREC, dated 16 March
2005, shows, that he submitted a DD Form 149 (Application for Correction of
Military Record) for the correction of his enlistment contract without
coercion and for his own benefit.
6. 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 the pay grade on his enlistment contract is
incorrect.
2. An error was made during the preparation of the applicant's enlistment
contract, which resulted in an incorrect pay grade shown on his enlistment
contract.
3. The applicant's enlistment contract erroneously shows his pay grade as
E-4 on his DD Form 4/3. The Memorandum for Record from USAREC, dated
16 March 2005, confirms that the enlistment contract is incorrect and
should be corrected to reflect the pay grade as E-1.
4. Notwithstanding the errors in his enlistment documents, the applicant
enlisted in the Regular Army for 4 years and 00 weeks in the pay grade of E-
1. Therefore, in the interest of justice, his enlistment contract should
be amended accordingly grant de facto status for the period of service that
he had served as an E-4.
BOARD VOTE:
_CAK____ _PHM__ _TSK____ 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 he served as an E-4
and amending his enlistment contract to show that he enlisted in the
Regular Army in the pay grade of E-1.
__Ted S. Kanamine___
CHAIRPERSON
INDEX
|CASE ID |AR20050014211 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051013 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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