2. The applicant requests, in effect, that the effective date of his promotion to pay grade E-2 be corrected to the date of his enlistment, 14 September 1993.
3. He states that he did not give his recruiter his college transcript. If he had, he would have been enlisted in pay grade E-2 instead of E-1.
4. In support of his application he submits a college transcript showing he had completed 34 semester hours before his enlistment. He also submits two copies of a DA Form 4187, Personnel Action, one showing he was advanced from pay grade E-1 to pay grade E-2 on 17 November 1994, with an effective date of 14 September 1993, and the other showing he was advanced on 17 November 1994 to pay grade E-3 with an effective date of 1 September 1994.
5. The applicants records show that he enlisted in the USAR for assignment to a troop program unit on 14 September 1993 in pay grade E-1 with no prior service. At the time he submitted his application, he was serving in the Active Reserve in pay grade
E-3.
6. Army Regulation 601-210 provides the guidance for enlisting individuals in the Regular Army and Army Reserve. Table 2-3 specifies the pay grade in which to enlist individuals who do not have any prior military service. Rule E of that table specifies that individuals who have successfully completed 30 to 59 semester hours of an accredited college or university may be enlisted in pay grade E-2.
7. Army Regulation 600-200, paragraph 7-9, provides for the advancement of soldiers who should have been enlisted in a higher grade but lacked the documentation to substantiate their eligibility at the time of enlistment. That paragraph also states that soldiers who were promoted with a retroactive date of rank would be advised of their right to petition the Board for correction of the effective date of their promotions.
8. Army Regulation 140-158, paragraph 3-7, provides for the normal advancement of reservists from pay grade E-2 to E-3 when he or she has completed 12 months time in service and 4 months time in grade.
CONCLUSIONS:
1. The applicant was eligible to be enlisted in pay grade E-2 due to the number of semester hours he had completed.
2. Therefore, his advancement to pay grade E-2 should have been effective the date of his enlistment.
3. In addition, his advancement to pay grade E-3 should be made retroactively effective 12 months after his advancement to pay grade E-2.
4. In view of the foregoing, the applicants records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected:
a. by showing that the individual concerned was advanced to pay grade E-2 effective 14 September 1993 with the same date of rank; and
b. by showing that he was advanced to pay grade E-3 effective 14 September 1994 and that he receive all appropriate pay and allowances resulting from those advancements.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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