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ARMY | BCMR | CY2005 | 20050016679C070206
Original file (20050016679C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 December 2005
      DOCKET NUMBER:  AR20050016679


      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. G. E. Vandenberg              |     |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 her enlistment contract be corrected to
show that she enlisted in pay grade E-2 not E-3.

2.  The applicant states the enlistment document incorrectly indicates she
reenlisted in the pay grade E-3 not in her correct grade of E-2.

3.  The applicant provides copies of a 14 April 2005 Statement of
Understanding, a statement from Headquarters Army Recruiting Command
Liaison, Fort Leonard Wood, Missouri, DD Form 4 (Enlistment Reenlistment
Document), a 15 December 2004 DD Form 214 (Certificate of Release or
Discharge from Active Duty), and a Regular Army Applicant Data Report form.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army Reserve (USAR) and entered active
duty from training on 3 June 2004.

2.  She completed training and was released back to the USAR on 15 December
2004 in pay grade E-2.

3.  On 13 April 2005 the applicant enlisted in the Regular Army (RA).  The
DD Form 4/1 indicates she enlisted in pay grade E-3.

4.  An RA Applicant Data Report indicates the applicant was enlisting in an
advanced pay grade due to her prior service separation as an E-2.

5.  On 14 April 2005 the Headquarters Army Recruiting Command Liaison, Fort
Leonard Wood, Missouri completed a statement indicating the applicant's
DD Form 4/1 incorrectly shows she enlisted in pay grade E-3.  It should
read E-2.

6.  Also on 14 April 2005 the applicant submitted a Statement of
Understanding to the effect that she was submitting an application to have
her enlistment contract corrected to show she enlisted in pay grade E-2 not
E-3.

7.  Army Regulation 601-210, paragraph 8-6 states that the DD Form 4-series
will not be amended by "pen and ink" correction.  Instead, a memorandum
will be added to the member's file giving the correct terms of enlistment.
A statement from person that he or she agrees or consents to correction of
term of enlistment shown on the DD Form 4-series must accompany the
Soldier's request.  The DD Form 4-series must be maintained in its original
state should it ever be needed in a legal proceeding.

8.  Army Regulation 601-210, paragraph 8-7 states any correction of
enlistment grade, after enlistment documents have been executed, is to be
accomplished by promotion or reduction action, whichever applies.
Enlistment documents will not be altered to reflect the different grade.
The U.S. Army Board for Correction of Military Records (ABCMR), acting for
the Secretary of the Army, is the authority for correcting (backdating) any
conflict that may exist.

DISCUSSION AND CONCLUSIONS:

1.  The day following the date the applicant signed her enlistment
contract, it was discovered that her pay grade was incorrectly entered as E-
3 on her enlistment contract.

2.  The applicant requested that the error be corrected and submitted, in
accordance with regulation, an application to the Board to correct the
error.

3.  It is appropriate to correct the record and show the applicant enlisted
on 13 April 2005 in pay grade E-2.

4.   Since the actual enlistment documents should not be changed for legal
reasons, an appropriate document should be placed into the record directing
the correction.


BOARD VOTE:

__JBG __  __RTD __  __SWF _  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 the applicant enlisted on 13 April 2005 in pay grade E-2.




                                  __   Richard T. Dunbar_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050016679                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |. . .                                   |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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