2.  In effect, the applicant requests that his military records be corrected to show that he was enlisted in the National Guard on 12 December 1990 in pay grade E-3.  

3.  The applicant states that he was enlisted in pay grade E-1 because his college transcripts were not available showing that he had 60 credit hours of college courses.  He states that he should have been enlisted in pay grade E-3.

4.  The applicant enlisted in the New Jersey Army National Guard on 12 December 1990 and was assigned to Fort Leonard Wood, Missouri for basic training.  In April 1991 he was assigned to Fort Lee, Virginia for advanced training.  An undated memorandum to the Personnel Services Center at Fort Lee indicates the applicant’s official transcript from the Electronic College and Computer Program at Hato Rey, Puerto Rico was evaluated and showed that he had completed 80 credit hours of college courses.  This college is an accredited degree-producing college program listed in the Accredited Institutions of Postsecondary Education Book.

5.  The applicant was advanced to the rank and pay grade of private first class E-3 effective 19 June 1991 with a date of rank of 1 February 1991, the date he entered on active duty.  A notation on the instrument of advancement states that the soldier may apply to the ABCMR to adjust the effective date and recoup lost pay.  

6.  The applicant was released from active duty on 
2 July 1991 at Fort Lee, Virginia, and transferred to his National Guard unit.  His pay grade shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) 
is E-1.  The applicant was discharged from the Army National Guard on 30 November 1993.     

7.  National Guard Regulation 600-200 prescribes the eligibility criteria governing the enlistment of persons in the Army National Guard.  Table 2-3, rule E, of that regulation states, in effect, that an applicant who has 
successfully completed 60 or more semester hours of an accredited degree-producing college program listed in the Accredited Institutions of Postsecondary Education Book will be enlisted in pay grade E-3.  That table also states that an applicant who lacks the necessary documents at the time of processing for enlistment may present such documents to his personnel officer at any time before completing 
12 months of service.  Advancement will be effective the date of the DA Form 4187; date of rank will be date of enlistment.  To be eligible for back pay, the soldier will be advised of his right to submit a request to the Army Board of Correction of Military Records to adjust his effective date of promotion to his date of enlistment.

8.  In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Army National Guard Bureau. An official of that agency stated that the applicant should have been advanced to pay grade E-3 on 1 February 1991, the date of his entry on active duty.  That official later agreed, during informal coordination, that that opinion was in error, and that the applicant’s effective date of advancement and date of rank should be 12 December 1990, the date he enlisted in the Army National Guard.

CONCLUSIONS:

1.  The applicant should have been enlisted in the Army National Guard on 12 December 1990 in pay grade E-3.

2.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual 
concerned enlisted in the Army National Guard on 
12 December 1990 in pay grade E-3 under the provisions of National Guard Regulation 600-200, table 2-3, rule E.                 
BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON