2. The applicant requests correction of his records to show that he was advanced to the pay grade of E-4 effective 16 August 1995, the date of his enlistment.
3. The applicant states, in effect, that he was entitled to enlist in the pay grade of E-3 because he did not have his transcript at the time he enlisted in the USAR. However, he was also entitled to advancement to the pay grade of E-4, provided he produced a certified copy of his college transcript within 6 months of entry on active duty. He produced the transcript at the time he entered active duty but was not advanced to the pay grade of E-4 until 24 January 1996. He goes on to state that he has been unable to receive back pay and allowances for his advancement to the pay grade of E-4.
4. The applicants military records show that he enlisted in the USAR Delayed Entry Program on 24 April 1995. At the time of his enlistment he was attending a 4-year college. The applicants enlistment contract authorized the applicant to enlist in the pay grade of E-3 and indicated that he could be advanced to the pay grade of E-4, provided he produced a certified copy of his college transcripts or diploma within 6 months.
5. The applicant enlisted in the Regular Army on 16 August 1995 for a period of 4 years and training as a medical specialist. His records show that he produced a certified copy of his transcript dated 12 May 1995 at the time he entered active duty. Nonetheless, he entered active duty in the pay grade of E-3.
6. On 24 January 1996, while attending his advanced individual training, the applicants commander advanced the applicant to the pay grade of E-4 with an effective date and date of rank of 16 August 1995. The advancement instrument (DA Form 4187) indicates that the applicant should have entered active duty in the pay grade of E-4 on 16 August 1995 and that he should apply to this Board for correction of his records.
7. Army Regulation 601-210 provides the eligibility criteria, policies, and procedures for enlistment and processing persons into the Regular Army and the USAR. It states, in pertinent part, that persons who have successfully completed a degree producing college program of 4 years duration in an accredited college or university may be enlisted in the pay grade of E-4. Regular Army soldiers who lack the necessary documents for accelerated advancement may submit the necessary documentation within 6 months of enlistment to receive the advancement. However, the effective date and date of rank for soldiers who lacked documentation at the time of enlistment, will be the effective date of the advancement by the commander.
CONCLUSIONS:
1. At the time the applicant enlisted in the USAR he did not have the necessary documentation (official transcripts) to qualify for enlistment in the pay grade of E-4.
2. However, at the time the applicant enlisted in the Regular Army, he produced certified copies of his official transcripts. Therefore, he should have been enlisted in the pay grade of E-4 instead of pay grade E-3.
3. Consequently, it appears that due to an administrative oversight, the applicant has been denied a financial gain to which he was otherwise entitled to receive.
4. In view of the foregoing, it would be in the interest of justice 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 enlisted on 16 August 1995 in the pay grade of E-4 with entitlement to all pay and allowances from that date.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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