RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 July 2006
      DOCKET NUMBER:  AR20060003312


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Eric N. Andersen              |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Dennis J. Phillips            |     |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 her enlistment contract be
corrected to show that she enlisted in pay grade E-3, instead of pay grade
E-2.

2.  The applicant states, in effect, that her enlistment contract contains
a statement showing she received an approved waiver for promotion to the
rank and pay grade of private first class (PFC)/E-3, but her enlistment
contract erroneously shows that she enlisted in the Regular Component of
the U.S. Army in pay grade E-2.  She also states, in effect, that her
Enlisted Record Brief (ERB) and the accessing Defense Manpower Data Center
(DMDC) data bases both show that she entered the Regular Army (RA) as a
PFC/E-3.

3.  In support of her application the applicant provides copies of her DD
Form
4-Series (Enlistment/Reenlistment Document - Armed Forces of the United
States), with a date of enlistment in the RA of 29 July 2004, and her ERB,
dated 21 February 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records contain a copy of a DD Form
214 (Certificate of Release or Discharge from Active Duty), with an
effective date of 24 November 2003.  This document shows, in pertinent
part, that the applicant entered active duty on 29 October 2003 and was
separated on 24 November 2003, in the grade of rank of PFC/E-3, after
completing 26 days of active service. This document also shows that the
applicant was discharged under the provisions of Army Regulation 635-200
(Enlisted Separations), Paragraph 5-11 (Failure to Meet Procurement Medical
Fitness Standards), and that her character of service was
"uncharacterized".  Item 27 (Reentry Code) of the DD Form 214 contains the
entry "3."

2.  The applicant's DD Form 1966/1, dated 29 July 2004, shows in Section II
(Examination and Entrance Data Processing Codes), Item 18 (Accession Data),
Block f (Pay Grade), the entry "E03" and in Block g (Date of Grade) the
entry "20040729".  Section III (Other Personal Data), Item 22 (Education),
Block b (Have you ever been enrolled in ROTC, Junior ROTC, Sea Cadet
Program or Civil Air Patrol?) contains an "X" in the "Yes" column.  Section
VI (Remarks) of the applicant's DD Form 1966/4 shows, in pertinent part,
the entries, "22b. Explanation - 2 Yrs JROTC" and "Statement Remarks:  SM
only authorize (sic) E-2 based on 2 years JROTC, cannot redo BT task list
to retain E-3, only did
26 of AD, did not complete BT.  Waiver Information:  A(n) ADMINISTRATIVE
WAIVER APPROVED BY HQ WAIVERS CHIEF CIV R_____ W. H______, 20040614."

3.  The applicant's DD Form 4/1, dated 29 July 2004, shows that the
applicant enlisted in the RA for a period of 4 years in pay grade E-2.
This documents also shows that the applicant affixed her initials to this
document and that she affixed her signature to the DD Form 4/2 in Section D
(Certification and Acceptance), Block b (Signature of Enlistee/Reenlistee),
and in Section E (Confirmation of Enlistment or Reenlistment), Item 18a
(Signature of Enlistee/Reenlistee).

4.  In support of her application, the applicant provides a copy of her ERB
and enlistment contract with annexes. The applicant's ERB shows, in
pertinent part, that she entered active duty in the rank of PFC, with a
date of rank of 29 July 2004, and that she was promoted to the rank of
specialist (SPC)/pay grade E-4, with a DOR of 1 February 2006.  The
enlistment documents show, in pertinent part, that the applicant enlisted
in the grade of E-2, but that the accession data for her pay grade
indicated pay grade E-3.

5.  In the processing of this case, an advisory opinion was obtained from
the Chief, Recruiting Policy Branch, Office of the Deputy Chief of Staff, G-
1
(DCS, G-1).  It states that, after review, it was discovered that the
applicant entered the Army in pay grade E-2 because she had completed two
years of Junior Reserve Officer Training Corps (JROTC).  It was also found
that a waiver was completed, but it was not for promotion; instead, it was
for prior service administrative reasons.  Thus, records indicate the
applicant's entry grade was correct at the time of entry.  Based on the
review of the applicant's enlistment contract and annexes, the DCS, G-1
advisory official recommends that the applicant not be granted
administrative relief in this case, as her pay grade was correct at the
time of entry.

6.  On 13 April 2006, the applicant was provided a copy of the DCS, G-1
advisory opinion in order to have the opportunity to respond; however, she
failed to provide a response.  In the processing of this case by the
analyst, a follow-up email was sent to the applicant that resulted in her
providing a copy of a
DA Form 4187 (Personnel Action), dated 26 January 2006, which shows that
the lieutenant colonel in command of the 1st Squadron, 10th Aviation
Battalion,
Q-West Base Complex, approved the applicant's promotion from PFC to SPC,
with a date of rank and effective date of 1 February 2006.

7.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) provides, in pertinent part, that prior to discharge or release
from active duty, individuals will be assigned RE codes, based on their
service records or the reason for discharge.  Table 3-1 (U.S. Army Reentry
Eligibility Codes) provides guidance for the various RE codes for use by
U.S. Army recruiting personnel concerning applicant's requesting reentry
into the Army.  The guidance for an applicant with an RE code of RE-3
states that it applies to a person who is not considered fully qualified
for reentry or continuous service at time of separation, but
disqualification is waivable and the applicant may be eligible for reentry,
provided a waiver is granted.

8.  Army Regulation 601-210, paragraph 3-2 (Basic eligibility criteria for
all prior-service candidates), in pertinent part, defines a prior service
candidate as a person enlisting in the RA with 180 days or more of active
duty.

9.  Paragraph 2-18 (Enlistment pay grades for persons without prior-
service) of Army Regulation 601-210 provides, in pertinent part, that an
applicant who has completed 1 or 2 years of JROTC or a National Defense
Cadet Corps (NDCC) Program may enlist at any time at pay grade PV2.

10.  Army Regulation 601-210, paragraph 8-7 (Correction of Enlistment
Grade) states that any correction of enlistment grade, after enlistment
documents have been executed, is to be accomplished by promotion or
reduction action, whichever applies.  It also provides that enlistment
documents will not be altered to reflect the different grade and instructs
compliance with appropriate provisions of Army Regulation 600-8-19
(Enlisted Promotions and Reductions).  Assistance in establishing an
individual's eligibility for a different grade based on enlistment contract
and supporting documents may be requested from the DCS, G-1 (DAPE-MPA).
Requests must include copies of substantiating documents or statements.
The Soldier will be advised of the right to apply to the ABCMR, if
required.  The ABCMR, acting for the Secretary of the Army (10 USC 1552),
is the authority for correcting (backdating) the effective date when a
conflict exists.  Army Regulation 600-8-19 provides procedures for
retroactive effective date, as well as procedures for receipt of back pay.

11.  Army Regulation 600-8-19 prescribes the enlisted promotions and
reductions function of the military personnel system.  Paragraph 1-13 (Date
of Rank and Effective Date), in pertinent part, provides that Soldiers
promoted to pay grade
E-2 through E-9 entitled to a promotion effective date which exceeds 6
months prior to the date of the promotion instrument, the following will be
entered in the special instructions:  "Since the effective date of the
promotion exceeds this instrument more than 6 months, the Defense Joint
Military Pay System (DJMS) will automatically pay up to 12 months of back
pay entitlements.  Your next leave and earnings statement (LES) should
reflect such payment.  If you are due back pay in excess of 12 months, upon
receipt of your LES that reflects back pay, provide your servicing Finance
and Accounting Office (FAO) with a copy of the instrument.  Your servicing
FAO will initiate procedures under the provisions of the Department of
Defense, Financial Management Report (FMR), Volume 7A, Table 2-2, Rule 5,
which will result in you receiving any additional back pay to which you are
entitled."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that her enlistment contract should
be corrected to show that she enlisted in pay grade E-3 because she was
granted a waiver at the time of her enlistment and pay grade E-3 is shown
as her entry grade on the DD Form 1966/1, her ERB, and in the DMDC data
base.  However, she provides insufficient documentary evidence to support
her claim.

2.  The evidence of record shows that at the time of the applicant's
discharge from active duty on 24 November 2003, she had completed 26 days
active duty and was not considered fully qualified for reentry or
continuous service.  However, the evidence of record also shows that the
disqualification was waivable and the applicant might be eligible for
reentry, provided a waiver was granted.  The evidence of record further
shows that on 14 June 2004 an administrative waiver was approved
authorizing the applicant to reenter the RA.

3.  The evidence of record shows that, based on the fact that the applicant
had less than 180 days of active duty service, she was not considered prior
service at the time of her reentry into the RA.  The evidence of record
also shows that, based on the applicant's educational credentials at the
time of her enlistment in the RA on 29 July 2004, she was authorized to
enlist in the U.S. Army in pay grade E-2.  However, an administrative error
was made in the preparation of her enlistment documents and an entry pay
grade of E-3 was entered on the applicant's DD Form 1966/1.  Consequently,
this error resulted in the accession data that pertained to the applicant's
entry pay grade being erroneously entered into Army human resource data
base as "E-3" (vice "E-2").  However, the evidence of record further shows
that the applicant's enlistment contract
(i.e., DD Form 4/1) correctly shows her entry pay grade as E-2.  Therefore,
the entry pay grade shown on the applicant's DD Form 4/1, dated 29 July
2004, is correct.

4.  The evidence of record shows that the applicant's enlistment documents
(i.e., DD Form 4/1 and DD Form 1966/1) contain conflicting entries with
respect to her entry pay grade (i.e., E-2 versus E-3).  The evidence of
record also shows that U.S. Army officials erred when the entered the
incorrect pay grade into the Army human resource data base when the
applicant entered active duty on
29 July 2004.  Consequently, it appears this discrepancy in pay grade
manifested itself by the applicant serving on active duty in the higher
rank and pay grade
(i.e., PFC/E-3), and also resulted in her subsequent promotion to the next
higher rank/pay grade (i.e., SPC/E-4).  Specifically, the evidence of
record shows that the applicant served on active duty in the rank of PFC/E-
3 from 29 July 2004 to 31 January 2006, was subsequently promoted to SPC/E-
4 on 1 February 2006, and has served in that rank to the present.
Therefore, it is reasonable to presume that the applicant, in good faith,
satisfactorily performed the inherent duties and responsibilities of a
PFC/E-3; that the commander recognized her performance and potential by
promoting her to SPC/E-4; and that she is currently being required to
perform the inherent duties and responsibilities of a SPC/E-4.  In view of
the foregoing, the applicant should not now be required to revert to a
lower or previous successfully held rank/pay grade due to an administrative
error made by U.S. Army officials that occurred nearly two years ago.
Consequently, notwithstanding the recommendation in the ACS, G-1 advisory
opinion, the applicant's enlistment contract should be changed to show that
she entered the RA on 29 July 2004 in pay grade E-3, as an exception to
policy.

5.  Therefore, in view of the facts of this case, it is appropriate that
the applicant's enlistment contract be corrected to show that she enlisted
in the RA on 29 July 2004 in pay grade E-3, as an exception to policy.
Based on this correction, the applicant is entitled to all pay and
allowances due as a result of this correction.  In addition, since Army
regulatory guidance precludes amending the DD Form 4 by "pen and ink"
correction, an appropriate document should be placed into the applicant's
military service records directing the correction.

BOARD VOTE:

__ENA___  __MJF__  ___DJP__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 in the RA on 29 July 2004 in
pay grade E-3, as an exception to policy.

2.  In addition, as a result of this correction, the Defense Finance and
Accounting Service shall be notified of the Board's determination and remit
payment to the applicant of all back pay (i.e., pay and allowances, less
any withholdings and/or deductions) that may be due as a result of this
correction.




                                             Eric N. Andersen_
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003312                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060706                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |112.0200.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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