IN THE CASE OF:	

		BOARD DATE:	15 December 2009

		DOCKET NUMBER:  AR20090005999 


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 that her enlistment contract be corrected to show she enlisted in pay grade E-3 instead of E-1.

2.  The applicant states that she joined the Army with a degree in the medical field and her recruiter never reflected her degree and correct rank on her enlistment contract.  She contends that her enlistment contract reflects pay grade E-1 and should reflect E-3.  She also states that she turned all her documents in to her recruiter and the recruiter failed to reflect that she had a degree on her contract.  She further states that she attended basic training and advanced individual training (AIT) at Fort Jackson, South Carolina, and that she turned in all her documents to both basic training and AIT staff and still has not gotten any response or correction.

3.  The applicant provides a copy of her DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), a diploma, and page 1 of a college transcript in support of her application.

CONSIDERATION OF EVIDENCE:

1.  Section III (Other Personal Data), item 22 (Education), of the applicant's DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 15 September 2008, shows she is a high school graduate; it does not list any college education.  Section VI (Remarks) of this form states, in pertinent part, "All information disclosed by the applicant has been included in the applicant's record…"

2.  On 24 September 2008, the applicant enlisted in the Regular Army for a period of 4 years and 21 weeks in pay grade E-1.

3.  In support of her claim, the applicant provided a Medical Careers Institute diploma which shows she earned an Associate of Applied Science Health Science Degree with a major in Medical Assisting in April 2007.

4.  In the processing of this case, an advisory opinion was obtained from the Chief, Force Alignment Division, U.S. Army Human Resources Command (HRC), Alexandria, Virginia.  That Force Alignment Division Chief reviewed the applicant's enlistment contract and recommended no relief.  The opinion stated that at the time of the applicant's enlistment she did not inform the U.S. Army Recruiting Command (USAREC) that she had obtained an associate degree.  The Force Alignment Division was not successful in contacting the college to confirm graduation.

5.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  The applicant did not respond within the given time frame.

6.  The Force Alignment Division, HRC, Alexandria, Virginia, reported that further attempt to contact the main campus of the Medical Careers Institute resulted in the school indicating it was unable to validate the applicant's enrollment.

7.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states that persons enlisting in the Regular Army, U.S. Army Reserve, or Army National Guard who have successfully completed 48 or more classroom semester hours (72 or more quarter hours) (without a 4-year degree) at an accredited degree granting college or university listed in the accredited institutions of postsecondary education may enlist at any time at pay grade PFC.  Applicants with an associate degree will be enlisted at pay grade PFC without regard to the number of semester or quarter hours completed.  The authority for enlistment grade must be entered in the remarks section of the DD Form 1966, to include a statement that the documents used to promote the Soldier have been verified.  The regulation also states, in pertinent part, that the applicant must provide documentation to support enlistment in a higher pay grade.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's contentions that she joined the Army with a degree in the medical field and that she turned in all of her documents to her recruiter.  No colleges were listed in the education section of her DD Form 1966 and the remarks section indicates that "all information disclosed by the applicant has been included in the applicant's record."
2.  The advisory opinion points out that at the time of the applicant's enlistment she did not inform USAREC she obtained an associate degree.  In addition, the Medical Careers Institute indicated it was unable to validate the applicant's enrollment or graduation.

3.  Based on the foregoing, there is insufficient evidence on which to amend the applicant's rank on her enlistment contract.

BOARD VOTE:

____  ___  ____  ___  ____  ___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ___X____  ___X____   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________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)                                         AR20090005999



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ABCMR Record of Proceedings (cont)                                         AR20090005999



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