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ARMY | DRB | CY2006 | 20060000422
Original file (20060000422.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         16 March 2006
      DOCKET NUMBER:  AR20060000422


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James G. Gunlicks             |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Richard G. Sayre              |     |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 Item 8, Section B (Agreements)
of his Enlistment/Reenlistment Document-Armed Forces of the United States
(DD Form 4/1) be corrected by deleting the pay grade E-3 listed and
replacing it with the pay grade E-1.

2.  The applicant states, in effect, that upon his enlistment in the
Regular Army from the United States Army Reserve, he was only eligible to
enlist in the pay grade of E-1, not E-3 as is currently listed in his
enlistment contract.

3.  The applicant provides the following documents in support of his
application:  Enlistment Contract (DD Forms 4/1); United States Army
Recruiting Command (UASREC) Reservation; Statement of Understanding; and
United States Army Recruiting Command (USAREC) Memorandum, Subject:
Erroneous Defective or Unfulfilled Enlistment Commitment, dated 5 December
2005; and USAREC Memorandum, Subject:  Correction of Enlistment Pay Grade.


CONSIDERATION OF EVIDENCE:

1.  The evidence of record shows that an error was made during the
preparation of the applicant’s enlistment contract, which resulted in an
incorrect pay grade being shown on his DD Form 4/1.

2.  The applicant's DD Form 4/1 erroneously shows his pay grade as E-1.
The
5 December 2005 term of enlistment as 6 years and 00 weeks.

3.  In a USAREC Memorandum, Subject:  Erroneous Defective or Unfulfilled
Enlistment Commitment dated 5 December 2005, the applicant confirmed that
he had been advised that his enlistment contract was erroneous, defective,
or unfulfilled, because an Army Guidance Counselor made errors that
resulted in his erroneously being enlisted in the pay grade E-3.  He was
informed that he had the option of accepting an administrative reduction to
E-1 and fulfill his enlistment contract, or to be separated from the
service.  He acknowledged that he understood these options, and he signed
the form electing the administrative reduction option.

4.  In USAREC Memorandum, Subject:  Correction of Enlistment Pay Grade,
dated 5 December 2005, USAREC officials confirm the pay grade of E-3 listed
in Item 8, Section B, of the applicant's DD Form 4/1 was in error and
should be corrected to show the pay grade E-1.

5.  The applicant completed a Statement of Understanding that indicated he
was submitting the application to this Board to correct his enlistment pay
grade under no coercion and for the benefit of himself as the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that an error was made during the
preparation of the applicant’s enlistment contract, which resulted in an
incorrect pay grade being shown on his DD Form 4/1.

2.  The applicant's DD Form 4/1 erroneously shows his pay grade as E-3.
The
5 December 2005 USAREC Memorandum confirms the DD Form 4/1 is incorrect and
should be corrected to show the pay grade E-1.

BOARD VOTE:

___JGG _  ___SAP _  __RGS__  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
amending his enlistment contract (DD Form 4/1) to show that he enlisted in
the pay grade of E-1 instead of the pay grade E-3, as is currently shown.




                                  _____James G. Gunlicks___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000422                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/03/16                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |112.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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