APPLICANT REQUESTS: In effect, the applicant requests that his military records be corrected to show that he was enlisted in the Regular Army on 2 February 1996 in pay
grade E-3.
APPLICANT STATES: That 72 college credit hours were not included on his enlistment contract (DD Form 1966/1,2,3) in blocks 14 or 23. The credits would have entitled him to enter on active duty in pay grade E-3. The courses were completed prior to enlistment and the transcripts were validated by the Fort Bragg education center.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Army in pay grade E-1 on
2 February 1996. The DD Form 1966/1,2,3 (Record of Military Processing) do not indicate that the applicant had any education beyond high school. Block 23 of DD Form 1966/2 requires the enlistee to enter all high schools and colleges attended. The applicant listed only the Harry D. Jacobs High School in this block. He signed the form.
The applicant submitted a copy of two college transcripts with his request. One shows that he had completed 15 semester hours of college courses at the Elgin Community College District 509 by the summer of 1993. The other shows that he had completed 57 hours at Triton College in Illinois by the summer of 1995. Both these transcripts were dated on 29 August 1996.
The applicant was promoted to pay grade E-3 on
2 December 1996.
Army Regulation 601-210 prescribes the eligibility criteria for enlistment in the Army. Paragraph 2-20f of that regulation states, in effect, that an applicant who has successfully completed 60 or more semester hours of an accredited college or university listed in the Accredited Institutions of Postsecondary Education Book will be enlisted in pay grade E-3.
Paragraph 2-20l of the aforementioned regulation states, in effect, that an applicant who lacks documentation required for advanced promotion at the time of his enlistment may submit supporting documents to his personnel officer within 6 months of enlistment. This paragraph goes on to say that college credits or course completion must have occurred prior to date of enlistment, and that the effective date and date of rank for soldiers who lacked documentation will be the effective date of the promotion by the unit commander. No retroactive adjustment is authorized and each applicant will be advised that failure to produce documents before enlistment or after the above time frame will cause them to forfeit entitlement to this incentive.
In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM) (COPY ATTACHED). An official of that command recommended that the applicants request be denied.
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. The applicant enlisted in pay grade E-1. He did not indicate that he had completed any college courses at the time of his enlistment.
2. The copies of the transcripts the applicant provided with his application are both dated 29 August 1996, more than 6 months after his enlistment. The applicant forfeited
entitlement to an advanced promotion to pay grade E-3.
3. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.
4. 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.
5. In view of the foregoing, there is no basis for granting the applicants request.
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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