IN THE CASE OF:	  

		BOARD DATE:	    5 January 2009

		DOCKET NUMBER:  AR20090011022 


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 pay grade on his initial active duty enlistment contract be corrected from E-2 to E-4.

2.  The applicant states, in effect, that when he went to the Military Entrance Processing Station (MEPS) to enlist in the Regular Army (RA) he did not have verification that his rank upon discharge from the Army National Guard was specialist/pay grade E-4.  He states he told his recruiter that his National Guard Bureau (NGB) Form 22 (NGB Report of Separation and Record of Service) was incorrect and that he had requested a corrected copy.  Upon arrival at the MEPS, without the corrected NGB Form 22, his enlistment contract was prepared with his rank as an E-2 with prior Active and Reserve Component service.

3.  The applicant provides the following documents in support of his application:

	a.  the first page of the DA Form 3286 (Statement of Understanding - RA Enlistment Delay for Applicants with Prior Service or an Existing Military Service Obligation), dated 5 December 2007;

	b.  an NGB Form 22A (Correction to NGB Form 22) with a date of discharge of 29 June 2007;

	c.  Orders 042-841 issued by the Tennessee Army National Guard (TNARNG), dated 11 February 2008;

	d.  copies of DA Forms 4187 (Personnel Action), dated 6 January 2007 and 10 June 2007; and 

	e.  a personal statement.

CONSIDERATION OF EVIDENCE:

1.  With prior active Federal service in the U.S. Navy, the applicant enlisted in the TNARNG under the "Try One for the Guard" program for a 1-year enlistment period.  His enlistment contract shows that his grade upon entry into the TNARNG was private/pay grade E-2.

2.  Upon completing his 1-year commitment in the TNARNG, the applicant was honorably discharged on 29 June 2007.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  Orders 240-950 issued by the TNARNG on 28 August 2007 show that the applicant's rank upon discharge was private/pay grade E-2.  Item 5a (Rank) of his NGB Form 22 shows his rank as "PV2," item 5b (Pay Grade) shows his pay grade as "E-2," and item 6 (Date of Rank) shows the entry "2006 06 30" which is the date he enlisted in the TNARNG.

3.  On 5 December 2007, the applicant signed a DA Form 3286 that shows he was scheduled to enlist in the RA on 3 January 2008.  This statement shows that his entry grade as determined in accordance with Army Regulation 601-210 (Active and Reserve Components Enlistment Program) would be E-2.  He enlisted for 3 years and 17 weeks.

4.  On 11 February 2008, Orders 042-841 issued by the TNARNG corrected Orders 240-950 to show the applicant's grade upon discharge from the TNARNG was specialist.  Subsequently, the TNARNG issued an NGB Form 22A correcting the applicant's NGB Form 22 to show in item 5a his rank as "SPC" and in item 5b his pay grade as "E-4."

5.  As evidence to support his application, the applicant submitted two DA Forms 4187 that show he was promoted to private first class/pay grade E-3 on 6 January 2007 and was promoted to specialist/pay grade E-4 on 10 June 2007.

6.  In the processing of this case, an advisory opinion was obtained from the U.S. Army Human Resources Command (HRC), Alexandria, VA.  The advisory opinion did not recommend relief for their review showed that the applicant's records indicated that he had been reduced in rank.  Therefore, the advisory opinion concluded that the applicant should not be granted relief if he was reduced for disciplinary reasons.

7.  Army Regulation 601-210 prescribes the eligibility criteria governing the enlistment of persons, with or without prior service, in the RA, the U.S. Army Reserve (USAR), and the Army National Guard.  This regulation provides the policies and procedures to process applicants for enlistment in the RA Delayed Entry Program and the USAR Delayed Training Program.  It provides, in pertinent part, for the establishment of enlistment pay grade and terms of enlistment for RA applicants with prior military service.  A former member of the Active Component/Reserve Component who last separated from any component or is a current member of the Reserve Component in pay grade E-4 with not more than 7 years of active Federal service and enlists within 48 months from the date of separation, the enlistment grade will be the same grade held at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was promoted by the TNARNG to the ranks of private first class and specialist during his 1-year enlistment.  For reasons unknown to the Board, the TNARNG discharged the applicant in the rank of private in pay grade E-2.  Within 6 months of his discharge order and 1 month after he entered the Regular Army, the TNARNG issued orders correcting his rank and grade on his initial discharge order and subsequently corrected his NGB Form 22 to show his rank as specialist and his pay grade as E-4.

2.  The preponderance of evidence does not support the advisory opinion from HRC for there is no evidence that the applicant had been reduced for disciplinary reasons by the TNARNG.

3.  Therefore, based on the evidence of record, the applicant's grade at the time of his enlistment on 3 January 2008 should be corrected to show specialist/pay grade E-4.

4.  Based on the applicant's entry grade being changed to specialist/pay 
grade E-4 effective 3 January 2008, he should receive all back pay and allowances due him.



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 correcting his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) to show in item B (Agreements) that the applicant enlisted in the Regular Army beginning in pay grade E-4 on 3 January 2008.  Subsequent to this correction, the applicant's finance records should be corrected to show his entry pay grade as E-4 and he should receive all back pay and allowances due him based on this correction.



      _______ _ 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.

ABCMR Record of Proceedings (cont)                                         AR20090011022



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ABCMR Record of Proceedings (cont)                                         AR20090011022



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