2. The applicant requests that her military records be corrected to show that she was enlisted in the Regular Army on 1 June 1995 in pay grade E-3.
3. She states that when she enlisted in the Reserve in the Delayed Entry Program (DEP), she was about to complete two and one half years of college. However, when she enlisted in the Army, her credits from the previous semester were not on her college transcript. She was instructed by her recruiter to request a certified copy of her transcript from the college and show it to personnel in her chain of command when she got to basic training.
4. She states that she presented her transcript when she arrived at basic training and was told that she would have to wait until she got to advanced training. When she got to advanced training, she was told that she could not be promoted to pay grade E-3. She states that she was eventually promoted to pay grade E-3 at Fort Irwin, after six months in the Army, instead of the date she enlisted.
5. The applicant enlisted in the Delayed Entry Program (DEP) on 10 February 1995 in pay grade E-2. She was discharged from that program and on 1 June 1995 enlisted in the Regular Army for four years in pay grade E-2 in accordance with Army Regulation 601-210 (1991 version), chapter 2, table 2-3, rule E, which states, in effect, that an applicant who has completed thirty to fifty-nine classroom semester hours of an accredited college or university listed in the Accredited Institutions of Postsecondary Education book will be enlisted in pay grade E-2.
6. A transcript from the John Jay College of Criminal Justice from the City University of New York indicates that the applicant had completed 62 semester hours at that institution by the spring of 1995. That college is an accredited college listed in the Accredited Institutions of Postsecondary Education book.
7. The applicant was contacted, in writing and by phone, on various occasions and requested to provide a copy of her college transcript, a copy of her enlistment record showing when she entered basic training, and if possible, statements from individuals who could substantiate her claim that the transcripts were existent during her training.
8. She has provided a copy of her transcript and a copy of her enlistment record showing that she entered basic training on 16 June 1995. She recently provided two statements, one from a drill sergeant at her advanced training base at Fort Lee, Virginia, who states that the applicant attended advanced training from 11 August to
8 November 1995, that she did have her transcript at that time, but that she was told that she couldnt be promoted because it was not in her contract - she should have been promoted upon her enlistment. The other, is a statement signed by two NCO at her present duty station at Fort Irwin, California, who state that the applicant came to them with her problem, and after checking with the military personnel office was told that if it was not noted on her enlistment contract, she could not be promoted. The applicant stated that she had a difficult time obtaining this last statement, and was unable to get one from personnel in her basic training unit.
9. In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Retention Management Division, the Total Army Personnel Command (PERSCOM). The PERSCOM stated that all documentation for accelerated promotion must be provided prior to enlistment or within six months of enlistment, and that the effective date of promotion for soldiers who lacked documentation will be the effective date of promotion by the unit commander. No retroactive adjustment is authorized.
10. Army Regulation 601-210 (the 1995 version, in effect at the time of the applicants enlistment in the Regular Army), governs the policy for enlistment in the Army. Paragraph
2-20f states, in effect, that an applicant who has
successfully completed 60 or more classroom semester hours of an accredited college or university will be enlisted in pay grade E-3. Paragraph 2-20l states that an applicant who lacks documentation may submit supporting documents to her personnel officer within 6 months of enlistment. The effective date and date of rank for soldiers who lacked documents will be the effective date of the promotion by the unit commander. No retroactive adjustment is authorized. Unit commanders, upon verification that a soldier is authorized the advance promotion, will promote the soldier, under paragraph 2-20l of Army Regulation 601-210. The effective date and date of rank will be the date the commander authorizes the promotion.
CONCLUSIONS:
1. The applicant had completed 60 classroom semester hours of an accredited college prior to her enlistment on
1 June 1995. The transcript showing the completion of these credits was not available at the time of her enlistment.
2. The transcript showing completion of 60 semester hours was available to her during advanced individual training, as attested to by her drill sergeant.
3. The applicants contention that she provided her transcript to personnel in her chain of command during basic training is credible, especially so in view of her efforts and persistence in advancing her cause.
4. The applicant should have been promoted to pay grade E-3 on 16 June 1995, the date she entered basic training, under the provisions of Army Regulation 601-210, paragraph 2-20l.
5. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicants records as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was promoted to pay grade E-3 with an effective date and date of rank of 16 June 1995 under the provisions of Army Regulation 601-210, paragraph 2-20l.
2. That so much of the application as in excess of the foregoing be denied.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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