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ARMY | BCMR | CY2001 | 2001061987C070421
Original file (2001061987C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 25 September 2001
         DOCKET NUMBER: AR2001061987

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Lester Echols Member
Mr. Ronald E. Blakely Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: The applicant requests that his enlistment contract be corrected to show he enlisted in pay grade E-2.

APPLICANT STATES: That he enlisted as an E-2, not an E-1. He provides his college transcripts as supporting evidence.

EVIDENCE OF RECORD: The applicant's military records are not available. Information contained herein was obtained from alternate sources.

As of Spring 2000 semester, the applicant completed 24 quarter hours of college credit from Ivy Tech State College. His transcripts showed he had 75 quarter points. Quarter points appear to be a multiplier of the quarter hours earned dependent upon the grade obtained in the completed course.

The applicant enlisted in the U. S. Army Reserve Delayed Enlistment Program on 25 July 2001. His Enlistment/Reenlistment Document, DD Form 4/1, shows his enlistment grade as E-2.

The applicant enlisted in the Regular Army on 23 August 2001. His DD Form 4/3 shows his enlistment grade as E-1.

Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and the U.S. Army Reserve. In pertinent paragraphs, it states that the date of rank for persons without prior service enlisting in the Regular Army will be the date of enlistment on active duty. Applicants who have successfully completed 30 or more classroom semester hours (45 or more quarter hours ) of an accredited college or university are authorized to enlist in pay grade E-2.

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

1. 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 this requirement.

2. The transcripts provided as evidence do not support the applicant’s contention that he should have enlisted in pay grade E-2. Unless there are additional transcripts which were not attached to the application, the provided transcripts show that the applicant completed only 24 quarters hours. To enlist in pay grade E-2 he needed at least 45 quarters hours. If there are no additional transcripts, then it appears that recruiting personnel misread the 75 quarter points as quarter hours and erroneously enlisted him in the Delayed Entry Program in pay grade E-2.

3. 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

__jns___ __le____ __reb__ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001061987
SUFFIX
RECON
DATE BOARDED 20010825
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 112.02
2.
3.
4.
5.
6.


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