APPLICANT REQUESTS: The applicant requests, in effect, correction of his military records to show that he enlisted in pay grade E-2.
APPLICANT STATES: When he enlisted he was unaware that by presenting his college transcripts he could enlist at a higher pay grade. In support of his application he submits a copy of his transcripts from Arizona Institute of Business and Technology which shows that he earned 26 credit hours.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 25 July 1996 for 4 years in pay grade E-1. At the time he submitted his application he was serving in pay grade E-3.
In an advisory opinion to the Board (COPY ATTACHED), the Total Army Personnel Command (PERSCOM), advised that in accordance with Army Regulation 601-210, paragraph 2-201(5), soldiers who lack documentation at the time of enlistment will be promoted only on the date they provide that information to the unit commander. The applicant enlisted with 28 (sic) semester hours from an accredited institution. However, paragraph 2-20e of the cited regulation requires 30 or more semester hours for enlistment in pay grade E-2. PERSCOM recommended denial of the application.
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, it is concluded:
1. As provided by the relevant regulation, the applicant would have been eligible for enlistment at a higher pay grade had he successfully completed 30 or more semester hours. The college transcripts provided shows successful completion of only 26 credit hours.
2. Even if the applicant had enough credit hours to qualify for enlistment at a higher pay grade, it would only have been effective the day he presented it to his unit commander.
3. 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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