IN THE CASE OF:	  

		BOARD DATE:	    25 October 2012

		DOCKET NUMBER:  AR20120013233 


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 correction of his DD Form 4 (Enlistment/Reenlistment Document), dated 5 May 2011, to show he enlisted in the Regular Army in pay grade E-4 instead of E-3.  He also requests payment of all back pay and allowances.  

2.  He states:

   a.  his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) indicates he was discharged as a specialist (SPC)/E-4 from the Army National Guard (ARNG).
   
   b.  he has the original promotion orders promoting him to SPC prior to his discharge and there was no break in service between him being discharged from the ARNG and his active duty contract.
   
   c.  his active duty contract erroneously shows his pay grade as E-3 instead of E-4.  When he brought this issue up at the time he signed his contract, he was told it would be fixed at his gaining unit and if he chose to wait to have the contract fixed he would lose his slot on active duty and would remain in the ARNG.  
   
   d.  his Enlisted Record Brief (ERB) reflects his rank as pay grade E-4, but he is not currently receiving the pay because his Leave and Earnings Statement (LES) still shows his pay grade as E-3.
   
   e.  he has exhausted all efforts through his unit S-1 and Finance Office, but he was told he had to submit his request to the Army Review Boards Agency because it was a contract issue.  
   
3.  He provides:

* NGB Form 22
* DD Form 4 
* Discharge orders from the ARNG and as a Reserve of the Army
* DA Form 4187 (Personnel Action)
* Defense Finance and Accounting Service (DFAS) Form 702 (DFAS Military LES)
* ERB
* DA Form 2142 (Pay Inquiry)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the ARNG on 27 April 2009 in pay grade E-1.  

2.  A DA Form 4187, dated 27 April 2011, indicates he was advanced to the rank and pay grade of SPC/E-4, effective 27 April 2011.

3.  Orders 262-1038, dated 19 September 2011, discharged him from the ARNG and as a Reserve of the Army, effective 4 May 2011.  These orders show his rank as SPC on the standard name line.  

4.  His NGB Form 22 indicates he was honorably discharged from the ARNG and as a Reserve of the Army on 4 May 2011 in the rank of SPC/E-4.

5.  He enlisted in the Regular Army on 5 May 2011 for a period of three years.  His DD Form 4 indicates his enlistment pay grade as E-3.  

6.  His ERB, dated 20 June 2012, indicates his date of rank to SPC is 5 May 2011.  

7.  His LES for the period 1 to 30 June 2012 indicates he was being paid as an E-3.  

8.  On 20 June 2012, he submitted a DA Form 2142 requesting a pay inquiry.  He stated he recently got promoted to E-4, but he was supposed to have been promoted a year prior, specifically 5 May 2011.  He states this is the day he came in the active Army, so he should have been getting paid as an E-4 with 2 years of military service.  He also states that due to the administrative error he was not promoted or paid as an E-4, but he is still being paid as an E-3.  In addition, he states his military service changed to 3 years as of 27 April 2012.  

9.  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.  This office recommended administrative relief in this case and stated the applicant should have entered the Regular Army in pay grade E-4, effective the date he was accessed onto active duty.  The opinion states:

	a.  the applicant was enlisted onto active duty in pay grade E-3.  

	b.  Army policy which governs enlistment of members of the Reserve Components (RC) states a current member of the RC in grades E-1 through E-3 enlistment grade will be the same grade held at time of separation.  

	c.  when the applicant initially processed for enlistment into a delayed status at the Military Entrance Processing Station, his pay grade was E-3.  Their records indicate he was promoted to pay grade E-4 while waiting to ship to active duty which may have contributed to an administrative oversight.  

	d.  since the applicant has provided a promotion instrument which indicates his promotion to E-4 from the ARNG prior to entry in the Regular Army, he should have been accessed onto active duty in pay grade E-4.  

10.  A copy of the advisory opinion was forwarded to the applicant to allow him to provide comments.  As of 10 September 2012, no response had been received from the applicant.  

11.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior Service, into the Regular Army, the Army Reserve, and the ARNG.  Paragraph 3-17b(2) states if an applicant was last separated from any component or is a current member of an RC in grade E–4 with not 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:

1.  The applicant's contentions regarding correction of his enlistment contract to show his pay grade as E-4 instead of E-3 are acknowledged and determined to have merit.  

2.  The applicant enlisted in the ARNG on 27 April 2009 and was discharged on  4 May 2011 in the rank and pay grade of SPC/E-4.  

3.  The evidence of record shows he was advanced to SPC/E-4, effective 27 April 2011, while he was member of the ARNG.  

4.  He enlisted in the Regular Army on 5 May 2011 with no break in service.  However, his enlistment contract erroneously reflects his pay grade as E-3.

5.  It appears an administrative error occurred when his enlistment grade was recorded on his enlistment contract on 5 May 2011.  Therefore, it would be appropriate to amend his enlistment contract, dated 5 May 2011, to show his pay grade as E-4 instead of E-3 and to pay him any back pay and allowances to which he is entitled.  

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 enlistment contract, dated 5 May 2011, to show his pay grade as E-4; and

	b.  paying him all 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)                                         AR20120013233



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ABCMR Record of Proceedings (cont)                                         AR20120013233



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