IN THE CASE OF:
BOARD DATE: 23 February 2010
DOCKET NUMBER: AR20090014144
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, correction of his DD Form 4/1 (Enlistment/
Reenlistment Document), dated 8 October 2008, to show he enlisted in the Regular Army (RA) in the rank/grade of specialist (SPC)/E-4.
2. The applicant states he was unknowingly advanced to SPC/E-4 by the Army National Guard on 1 October 2008 before he signed his active duty paperwork on
8 October 2008 as an E-3.
3. The applicant provides a copy of a DA Form 4187 (Personnel Action), dated
1 October 2008; a copy of Department of Defense, Lansing Military Entrance Processing Station, Lansing, MI, Orders 8323023, dated 10 November 2008; a copy of his National Guard Bureau (NGB) Form 23B (Army National Guard Retirement Points History Statement); a copy of State of Michigan, Department of Military and Veterans Affairs, Lansing, Orders 325-019, dated 20 November 2008; a copy of his DD Form 4/1, dated 8 October 2008; a copy of his DD Form 368 (Request for Conditional Release), dated 8 August 2008; and Michigan Army National Guard (MIARNG), Headquarters Battery, 1st Battalion, 182nd Field Artillery Brigade (HIMARS), Detroit, MI memorandum, subject: Request for Discharge REF: (Applicant's name, rank, and social security number), dated
21 October 2008, in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the MIARNG on 5 April 2006.
2. A DA Form 4187, dated 1 October 2008, shows the applicant was advanced to SPC with a date of rank of 1 October 2008.
3. Orders, dated 20 November 2008, show the applicant was honorably discharged from the Army National Guard in the rank of SPC, effective 7 October 2008.
4. On 8 October 2008, the applicant enlisted in the RA for a period of 3 years and 2 weeks. His DD Form 4/1, dated 8 October 2008, shows he enlisted in pay grade E-3.
5. In the processing of this case, on 9 December 2009, an advisory opinion was obtained from the Chief, Recruiting Policy Branch, Office of the Deputy Chief of Staff, G-1, The Pentagon, Washington, DC. The advisory official points out that the applicant enlisted in a delayed status for the RA in grade E-3 on
25 September 2008 and he was accessed onto active duty on 8 October 2008. On 1 October 2008, the applicant's former commander in the Army National Guard advanced him to SPC/E-4. Since the applicant was advanced prior to entering active duty, his entry grade into the RA should have been E-4. The opinion is based on regulatory guidance outlined in Army Regulation 601-210 (Active and Reserve Components Enlistment Program), chapter 3. The opinion recommends that the applicant's entry grade and date of rank coincide with the date he entered active duty on 8 October 2008.
6. A copy of the advisory opinion was forwarded to the applicant on 14 December 2009 for information and to allow him the opportunity to submit comments or rebuttal. The applicant did not respond.
7. Army Regulation 601-210, paragraph 3-17b(2), dated 7 June 2007, states if an applicant was last separated from any Component or is a current member of a Reserve Component in grade E-4 with no more than 7 years active federal service and enlists within 48 months from the date of separation, the enlistment grade will be the same grade held at time of separation.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant was advanced to SPC/E-4 prior to entering active duty on 8 October 2008. In accordance with the advisory opinion and the governing regulation, the applicant's entry grade into the RA should have been E-4. Therefore, his DD Form 4/1, dated 8 October 2008, should be corrected to show he enlisted in the RA in pay grade E-4.
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:
a. amending his DD Form 4/1, dated 8 October 2008, to show he enlisted in pay grade E-4; and
b. paying the applicant any back pay and allowances due as a result of 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) AR20090014144
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