APPLICANT REQUESTS: In effect, correction of her military records to show that based on her education her pay grade at the time of her enlistment should have been E-3 rather than E-1.
APPLICANT STATES: In effect, that she began active duty on
4 January 1995, and completed 82 college credit hours prior to entering military service. She feels that she has been improperly and unjustly denied rank, pay, and allowance which were rightfully earned.
EVIDENCE OF RECORD: The applicant's military records show:
She was born on 2 May 1971. She enlisted in the Regular Army on 4 January 1995 for 6 years in pay grade E-1. She completed the required training and was awarded military occupational specialty 67S10 (Helicopter Repair). Sometime after her enlistment she submitted a technical college transcripts showing that she had completed 82 quarter hours of college credits between the fall of 1990 and the fall of 1991, at Coosa Valley Technical Institute in Calhoun, Georgia. However, there is no evidence that the applicant received a diploma or a certificate of graduation.
In the processing of this case, a staff advisory opinion (COPY ATTACHED) was obtained from PERSCOM which advised the Board that the applicant was correctly enlisted in the grade of E-1. The opinion further stated, that applicant attended a technical institute, however, she did not meet the requirement of receiving a certificate or diploma authorizing enlistment in the grade of E-2 or E-3.
Army Regulation 601-210, at table 2-3, rule M, then in effect, specified that nonprior service members, enlisting in the RA, may be enlisted in pay grade E-2 if they had completed 9 months or more of postsecondary vocational/technical training, and received a certificate of graduation, provided the institution was listed in the Accredited institutions of Postsecondary Education Programs (COPA) handbook, published by the American Council on Education. To be enlisted in pay grade E-3, the soldier must have had 2 years of vocational training, with a certificate of graduation.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
2. The evidence of the record, shows that the applicant attended a technical institute, however she did not receive a certificate or diploma. Therefore, the applicant did not meet the requirements authorizing enlistment in the grade of E-2 or E-3. The foregoing, is supported by the opinion from PERSCOM.
3. In view of the foregoing, there is no basis for granting the applicants requests.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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