RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 November 2005
DOCKET NUMBER: AR20050015034
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. Phyllis B. Mackey | |Analyst |
The following members, a quorum, were present:
| |Mr. Stanley Kelley | |Chairperson |
| |Mr. John T. Meixell | |Member |
| |Mr. Robert L. Duecaster | |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 of
E-3, instead of pay grade of E-4.
2. The applicant states, in effect, that his enlistment contract
erroneously shows that he enlisted in the RA in the pay grade of E-4.
3. The applicant provides a Statement of Understanding, dated 4 October
2005; a Memorandum for Record (MFR), Subject: Correction of Enlistment Pay
Grade, from Headquarters, U.S. Army Recruiting Command (USAREC) Liaison,
Fort Leonard Wood, Missouri, dated 4 October 2005; Memorandum for the
Commander, U.S. Army Maneuver Support Center and Fort Leonard Wood,
Subject: Erroneous, Defective, or Unfulfilled Enlistment Commitment, dated
4 October 2005; his DD Form 4/1 (Enlistment/Reenlistment Document); a two
page RA Applicant Data Report, dated 23 September 2005; a Master Military
Pay Account MMPA from the Defense Finance and Accounting Service-Denver
Center, Denver, Colorado, dated 9 November 2005 and a copy of his DD 214
(Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. DD Form 4/1, Section B (Item 8), shows that the applicant enlisted in
the Regular Army (RA) for a period of 3 years and 02 weeks in the pay grade
of E-4.
2. The applicant’s copy of the RA Applicant Data Report shows his pay
grade as an E-4.
3. The MFR from USAREC, dated 4 October 2005, shows that the enlistment
contract is incorrect and the pay grade should be corrected to show the pay
grade of E-3.
4. The Memorandum for Commander, U.S. Army Maneuver Support Center and
Fort Leonard Wood, dated 4 October 2005, shows that the applicant was
counseled and provided information and guidance concerning his erroneous
pay grade of E-4. Applicant was given options under the provisions of AR
635-200, Chapter 7, (a) to be administratively reduced to pay grade E-3 and
fulfill his term of enlistment, or (b) to be separated from the service.
The applicant elected the option of remaining on AD and being
administratively reduced to the pay grade of E-3.
5. The applicant’s Statement of Understanding states that he has submitted
the application to have his pay grade changed from E-4 to E-3 under no
coercion and for his benefit.
6. Department of Defense (DD) Defense Finance and Accounting Service
(DFAS)-Denver Center, Denver, Colorado provided a copy of applicant’s
Master Military Pay Account (MMPA), dated 9 November 2005, showing that he
has been receiving pay in the pay grade of E-3 since his enlistment date of
3 October 2005.
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 his 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 4/1. The MFR from USAREC, dated 4 October 2005, confirms
that the enlistment contract is incorrect and should be corrected to
reflect his pay grade as E-3.
4. MMPA from DFAS-Denver Center shows that applicant has been receiving
pay as an E-3. Therefore, de facto status is not a factor in applicant’s
request.
BOARD VOTE:
__SK____ __JM____ __RLD _ 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
amending Section B, Item 8 of the applicant’s DD Form 4/1, dated 3 October
2005, to show that he 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 |AR20050015034 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051115 |
|TYPE OF DISCHARGE |Active Duty |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |129.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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