2. The applicant requests retroactive promotion to the pay grade of E-6 with an effective date and date of rank of 1 February 1995.
3. The applicant states that he was on temporary duty in August 1994 when his personnel service center conducted an annual recomputation of his DA Form 3355 (Promotion Point Worksheet). Consequently, he could not review the worksheet for accuracy and was not given promotion points for all of his college credits. He further states that had he received the proper credit for his civilian education, he would have had an additional 25 promotion points. The additional points would have resulted in his meeting the promotion point cut-off scores on 1 February 1995.
4. The applicants military records show that he enlisted on 16 June 1986 in pay grade of E-3. His enlistment contract specified that he was entitled to enlistment in pay grade of E-3 under the provisions of Army Regulation 601-210, table 2-3, rule E-3, based on his education.
5. When the applicant enlisted he produced a transcript dated 1 July 1986 from Grays Harbor Community College, indicating that he had completed 112.5 quarter hours which 37.5 quarter hours were accepted as transfer credits from Washington State University.
6. On 27 October 1994 an annual recomputation of the applicants promotion points was conducted in his absence. He was awarded 50 promotion points for 75 of the 112.5 quarter hours shown on his transcript. His transfer credits were not applied to his DD Form 3355. The applicant was granted a promotion point total of 733 points.
7. On 1 February 1995 the promotion point cut-off scores dropped to 757 points for the applicants military occupational specialty; however, he lacked sufficient points to meet the cut-off score because he was denied complete credit for his college courses. Instead, he was promoted to the pay grade of E-6 on 1 August 1995 when the cut-off scores took a further drop.
8. Army Regulation 601-210 governs eligibility criteria, policies, and procedures for enlistment into the Regular Army. Table 2-3, rule E-3, states, in pertinent part, that individuals may enlist in the pay grade of E-3 if they have completed 60 or more semester hours (90 or more quarter hours) at an accredited college or university. Verification of all documents must be made and indicated on the enlistment contract.
9. Army Regulation 600-8-19 prescribes the policies and procedures governing the promotion of enlisted personnel. It states, in pertinent part, that Departmental policy is to award one promotion point for each semester hour (one and one-half quarter hours equals one semester hour) successfully earned through attendance at an accredited college or university.
CONCLUSIONS:
1. Upon enlistment, the applicant produced the transcript in question showing that he had completed 112.5 quarter hours (equal to 75 semester hours) at an accredited college and was accepted for enlistment in the pay grade of E-3.
2. The Board notes that the applicable regulations state that one promotion point will be awarded for each semester hour earned at an accredited college or university. Therefore, the applicant should have received credit for his transferred credits. In this case, the applicant was only given credit for having completed 50 semester hours for promotion purposes, even though upon his enlistment he was required to show proof that he had completed more than 60 semester hours in order to be enlisted in pay grade of E-3. Although the Board recognizes that the regulation for enlistment is different from that of promotions, the standard of proof is the same in both regulations and should be applied equally.
3. When the applicant received a recomputation for promotion to pay grade E-6 and was only awarded 50 promotion points for the credits listed on the same transcript. Consequently, the applicant was denied the benefit of 25 additional promotion points for semester hours that had previously been determined to be valid, which has resulted in an injustice to the applicant.
4. Had the applicant properly received credit (75 promotion points for 75 semester hours) for his civilian education, he would have received an additional 25 promotion points, thereby increasing his promotion point total to 758 points. When the promotion point cut-off scores dropped to 757 on 1 February 1995, he would have been promoted. Therefore, it would be appropriate to show that he was promoted on 1 February 1995 instead of 1 August 1995.
5. In view of the foregoing, it would be appropriate to correct the applicants 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 was promoted to pay grade E-6 effective 1 February 1995 with a same date of rank and that he receive all appropriate pay and allowances from that promotion.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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