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ARMY | BCMR | CY1997 | 9711275
Original file (9711275.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his records be corrected to show that he was enlisted in pay grade E-2 and that he be given the difference in pay this correction would necessitate.
APPLICANT STATES : That he had sufficient college credits to be enlisted in pay grade E-2. He was enlisted at a lower grade because his recruiter did not obtain his college transcript to verify his college credits.

In support of his application he submits a copy of his college transcript showing that he had completed 30 semester hours prior to his enlistment.

EVIDENCE OF RECORD : The applicant's military records show:

He enlisted in the USAR Delayed Entry Program on 1 October 1992 in pay grade E-1 and he enlisted in the Regular Army for 3 years in pay grade E-1 on 28 October 1992.

On 10 December 1992 the applicant was given an uncharacterized separation due to his entry level status performance and conduct. He had completed a total of 1 month and 13 days of active duty.

Army Regulation 601-210, paragraph 2-20k(5) states that the effective date and date of rank for soldiers who lacked documentation at the time of enlistment to substantiate a higher grade will be the effective date of the promotion by the unit commander. No retroactive adjustment is authorized.

DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1. The applicant did not provide a transcript showing that he had the necessary college credits to be enlisted in pay grade E-2 when he enlisted in either the DEP or in the Regular Army. Contrary to the applicant’s contention, it is not the recruiter’s job or responsibility to obtain college transcripts of individual’s he or she enlists.

2. As such, the effective date of his promotion would be the date he submitted the documentation to his unit commander confirming that he had sufficient credits at the date of his enlistment to warrant advancement to pay grade E-3. There is no evidence that he ever provided that documentation.

3. In addition, to grant the applicant’s request would be giving him a benefit not available to other soldiers who fail to produce documentation to substantiate a higher grade at the time of enlistment. Those individuals are advanced effective on the date their unit commander direct their advancement.

4. In view of the foregoing, there is no basis for granting the applicant’s 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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