IN THE CASE OF:
BOARD DATE: 25 September 2008
DOCKET NUMBER: AR20080007563
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his record be corrected to show he enlisted in the Regular Army (RA) in the rank of specialist (SPC)/pay grade E-4.
2. The applicant states, in effect, that he should have entered active Army as a Specialist pay grade E-4. He was a specialist in the Army Reserves. He also states that he questioned his rank when he entered active duty and he was informed that he would receive his specialist rank within 6 months of active duty service. The applicant also states his NGB 22 (National Guard Bureau-Report of Separation and Record of Service) was not available at the time of processing and there was no documentation stating that he should lose his rank when joining the active Army.
3. In support of his application, the applicant provides copies of his NGB Form 22 and his Army Enlistment Contract.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the Army National Guard of North Carolina on 24 June 1993. He was promoted to specialist pay grade
E-4, effective 4 September 1995. He was honorably separated from the Army National Guard of North Carolina, in the rank of SPC/E-4, effective
23 June 2000.
2. The applicant enlisted in the Regular Army, for 6 years. The DD Form 4/1 prepared for this enlistment shows he enlisted in the rank of private first class/E-3 on 8 November 2007.
3. During the processing of this case, an advisory opinion was obtained from Human Resources Command, Alexandria, VA. The HRC official opines that under the governing regulation, the applicant should have enlisted in the rank of SPC/E-4. The applicants 21 May 2007 Reserve contract contains an error in his grade. IAW AR 601-210 chapter 3-18a (1), a former member of the U.S. Armed Forces, who completed initial active duty training (IADT) in grade E-1 through E-4 are authorized to enlist in the pay grade held at last discharge.
4. The advisory opinion was forwarded to the applicant for acknowledgement and/or rebuttal on 5 June 2008 and he concurred on 16 June 2008.
5. Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service (PS), into the Regular Army (RA), the Army Reserve (AR) and National Guard. Paragraph 3-18 (Enlistment pay grades for prior service personnel for Army Reserve enlistment) states, in pertinent part, that an applicant who is a former member of the Armed Forces and who has completed Initial Active Duty for Training (IADT) in grades PV1 through SPC is authorized to enlist at the pay grade held at last discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicants claim that he should have enlisted in the RA in the rank and pay grade of SPC/E-4 was carefully considered and found to have merit. By regulation, prior service applicants who have completed IADT in grade E-1 through E-4 are authorized to enlist in the grade held at last discharge.
2. The evidence of record confirms the applicant entered in the ARNG on
24 June 1993, he completed IADT and attained the rank of SPC/E-4 on
4 September 1995. The applicant held this rank until he was discharged from the ARNG on 23 June 2000.
3. Therefore, in view of the facts of this case, it would be appropriate to correct his enlistment contract, dated 8 November 2007, to show he enlisted in the rank and pay grade of SPC/E-4. Further, he should be provided all back pay and allowances due as a result of this correction.
4. In view of the foregoing, the applicants records should be corrected as recommended below.
BOARD VOTE:
____X____ ____X____ ____X____ 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 he enlisted in the Regular Army on 8 November 2007 in the rank of SPC/E-4; and by providing him any back pay and allowances due as a result.
_______ _ _X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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