PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  24 July 2003
	DOCKET NUMBER:  AR2002081743

	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
| Ms. Joyce A. Wright | | Analyst

  The following members, a quorum, were present:

| Mr. Arthur A. Omartian | | Chairperson
| Mr. John P. Infante | | Member
| Ms. Yolanda Maldonado | | Member

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that her DD Form 4 (Enlistment/Reenlistment Document) be corrected to show that she enlisted in the pay grade of "E-3" instead of "E-1" and that she receive all back pay and allowances due to her.

3.  The applicant states that on 3 January 2002, she enlisted as a military policeman.  At that time, she provided copies of her college transcripts to her recruiter.  He informed her that he would turn in her transcripts so that upon arrival at Basic Training (BT) all documents relating to her rank would reflect private first class (PFC/E-3).  On 12 October 2001, she signed her enlistment contract agreeing to enlist in the Delayed Entry Program (DEP) in order to complete a semester of college for the sole purpose of utilizing her college credits to enter BT as an E-3.  Her recruiter was aware of her situation and she signed her contract in good faith hoping that he would honor her wishes ensuring that she would enlist in the pay grade of E-3.  She arrived at the Military Entrance Processing Station (MEPS) in El Paso, Texas on 3 January 2002.  At that time, she and MEPS personnel reviewed her contract.  She noticed that her contract did not reflect E-3 and brought this to their attention.  Her recruiter was contacted and he informed them that he would forward her transcripts to the MEPS at Fort Leonard Wood, Missouri where adjustments to her enlistment rank would be made.  While in-processing, at Fort Leonard Wood, she was informed that her transcripts had not arrived and that she should address the issue at her first duty assignment, which is now her current assignment.  In support of her application, she submits a copy of her DD Form 4 and two college transcripts.

4.  The applicant’s military records show that she enlisted in the Army Reserve on 12 October 2001 for a period of 8 years, in the pay grade of E-1.  She enlisted in the Regular Army (RA) on 3 January 2002 as a military policeman, for a period of 5 years, in the pay grade of E-1.  She continues to serve on active duty in the rank of PFC.

5.  The applicant's Enlisted Distribution and Assignment System (EDAS) shows that she was advanced to E-2 effective 3 July 2002 and promoted to E-3 effective 1 October 2002.

6.  The applicant's DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States) shows she enlisted in the DEP on 12 October 2001 in the pay grade of E-1.

7.  The applicant provided a copy of her DD Form 4/1, dated 3 January 2002, 2000, which shows that she enlisted in the pay grade of E-1.

8.  The applicant provided a copy of her transcript, from Clovis Community College, dated 18 February 2002, which shows that she had earned a total of   19-quarter hours (equals 13 semester hours). 

9.  The applicant provided a copy of her college transcript, from New Mexico State University, dated 20 February 2002, which shows that she had earned     58 semester hours prior to her enlistment.

10.  In the processing of this case an advisory opinion was provided by the Total Army Personnel Command (PERSCOM), Retention Management Division.
PERSCOM stated that a review of the records indicated that the applicant enlisted on 3 January 2002 in the pay grade of E-1.  She was erroneously accessed in the pay grade of E-1, was promoted to E-2 on 3 July 2002, and subsequently promoted to E-3 on 1 October 2002.  In accordance with Army Regulation 601-210, paragraph 2-20f, if the applicant had completed 60 or more semester hours at an accredited college or university the enlistment grade would be E-3.  The applicant's college transcripts indicated completion of 58 semester hours of college prior to enlistment.  The opinion recommended that the applicant's records be corrected to show the entry grade of E-3 with a date of rank (DOR) of 3 January 2002 and that she receives any financial entitlement that she otherwise would have been entitled to had her enlistment grade been correct.

11.  The applicant was provided a copy of the favorable opinion for possible comment prior to consideration of her case.  The applicant responded within the time frame allotted and concurred on 13 January 2002.

12.  Army Regulation 601-210 sets forth the basic authority for Regular Army and Army Reserve Enlistment Program.  Section II covers Enlistment Period and Pay Grades.  Paragraph 2-20 pertains to enlistment pay grades for personnel without prior service (PS).  Subparagraph 2-20f states that applicants who have successfully completed sixty (60) hours or more classroom semester hours      (90 hours or more quarter hours) (without a 4-year degree) of an accredited college or university listed in the Accredited Institutions of Postsecondary Education book, published by the American Council on Education, may enlist in pay grade E-3.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was fully qualified to enlist 
in the RA in the pay grade of E-3 on 3 January 2002, in accordance with Army Regulation 601-210, chapter 2, paragraph 2-20f.  Therefore, the applicant’s      DD Form 4/1 should be corrected to show that she enlisted in the pay grade of  E-3 with a DOR and effective date of 3 January 2002, and that she is entitled to all back pay and allowances from 3 January 2002 to 30 September 2002.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected:

a.  by amending her DD Form 4/1 to show that she enlisted in the pay grade of E-3; and

b.  by showing that she is entitled to and paying her all back pay and allowances from 3 January 2002 to 30 September 2002.

BOARD VOTE:  

__ao____  __ji____  ___ym___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian__
		        CHAIRPERSON

INDEX

CASE ID | AR2002081743
SUFFIX |
RECON |
DATE BOARDED | 20030724
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | GRANT
REVIEW AUTHORITY |
ISSUES         1. | 222
2. |
3. |
4. |
5. |
6. |