| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Ms. Karol A. Kennedy | Chairperson | |
| Mr. Mark D. Manning | Member | |
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: That his date of rank to pay grade E-4 be changed from 14 March 2001 to 7 June 1999.
APPLICANT STATES: That he entered the Army on 7 June 1999 and needed 100 college credits to come in as an E-4. His recruiter informed him that he only had 90 credits at the time when he really had 108 credits. He states that the mistake went unnoticed so he came in as an E-3.
In support of his application, the applicant submits a copy of his Associate of Applied Science Degree and transcript from the ITT Technical Institute; USAREC Form 1150-R-E (USAREC Addendum to DD Form 1966 Series); and enlistment reservation information.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant graduated from the ITT Technical Institute in Dayton, Ohio, on 28 May 1999 with an Associate of Applied Science Degree for Electronics Engineering Technology.
He enlisted in the Regular Army in June 1999 for a period of 4 years. The applicant is currently serving on active duty in the rank of specialist (SPC).
At the time of his enlistment, the applicant acknowledged on his USAREC Form 1150-R-E that, in accordance with Army Regulation 601-210, paragraph 2-20h, he was authorized enlistment in pay grade E-3.
The applicant's USAREC Form 1150-R-E indicates that the ITT Technical Institute was listed in the Commission on Recognition of Postsecondary Accreditation book.
The applicant was promoted to the rank of specialist (SPC)/pay grade E-4 on 14 March 2001.
In the processing of this case, an advisory opinion was obtained from the Assistant Army Recruiting Policy NCO, Recruiting Policy Branch. The opinion points out that the applicant enlisted under Chapter 2 of Army Regulation 601-210, at the grade of E-3 which was the authorized grade based on an Associates Degree. The opinion also states that the applicant could have enlisted as an E-4 if he had completed a Bachelor’s Degree. In conclusion, this office recommended that no further action be taken.
On 21 November 2001, the advisory opinion was furnished to the applicant for his review and possible rebuttal. However, he has not responded as of 16 April 2002.
Army Regulation 601-210 sets forth the basic authority for the Regular Army and Army Reserve Enlistment Program. Chapter 2, of that regulation provides, in pertinent part, the basic eligibility criteria for all nonprior service applicants. Paragraph 2-20h provides that an applicant who has successfully completed two or more academic years of a postsecondary vocational-technical school and has received a certificate of training attesting to successful completion of the course, can enlist at any time in pay grade E-3. The school must be listed in the Accredited Institutions of Postsecondary Education book, published by the American Council on Education.
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 was accredited an Associate of Applied Science Degree from the ITT Technical Institute on 28 May 1999.
2. The applicant enlisted in the Regular Army in June 1999 in pay grade E-3.
3. At the time of his enlistment, the applicant initialed his USAREC Form 1150-R-E (USAREC Addendum to DD Form 1966 Series) attesting to the fact that he was authorized enlistment in pay grade E-3.
4. Based on the governing regulation, in effect at the time, the applicant was authorized enlistment in pay grade E-3 for successful completion of two years or more academic years of a post-secondary vocational-technical school.
5. He was promoted to the rank of SPC/pay grade E-4 on 14 March 2001.
6. Based on the foregoing, there is no error or injustice in regard to the applicant's enlistment in pay grade E-3 or his date of rank to E-4. Therefore, there is no basis for adjusting his date of rank to pay grade E-4 from 14 March 2001 to 7 June 1999.
7. 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.
8. 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
KAK_____ MDM___ TL______ DENY APPLICATION
| CASE ID | AR2001062142 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020423 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 112.0200 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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