| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Mr. John P. Infante | Member | |
| Ms. Paula Mokulis | Member |
APPLICANT REQUESTS: In effect, the applicant requests that his record be corrected to show that he enlisted in the Army on 11 September 2000 in pay grade E-4.
APPLICANT STATES: That he enlisted in the delayed entry program in pay grade E-4, but entered on active duty in pay grade E-1. He submits with his application a copy of his enlistment contract, a copy of a delayed entry program identification card showing his rank as SPC (Specialist) (pay grade E-4), a copy of a diploma from the Pensacola Christian College awarding him the degree of Bachelor of Science, and a copy of his transcript from that college.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Army Reserve delayed entry program, for 8 years on 28 June 2000 in pay grade E-4. On 11 September 2000 the applicant requested to be discharged from the delayed entry program and enlisted in the Regular Army for four years. He was discharged from that program and enlisted in pay grade E-1. The applicant confirmed the enlistment on 11 September 2000.
In the processing of this case an advisory opinion was obtained from the Deputy Chief of Staff for Personnel. That office stated that in order for the applicant to be enlisted in pay grade E-4, he had to have received a degree from an institution listed in the Accredited Institutions of Postsecondary Education book. The college from which the applicant graduated is not listed in that book; consequently, he could not be enlisted in pay grade E-4. His enlistment in pay grade E-1 was correct. That office recommended denial of the applicant’s request.
A copy of the advisory opinion was forwarded to the applicant on 4 April 2002 for his information and possible rebuttal. He failed to respond.
Army Regulation 601-210 provides eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the Army Reserve. Paragraph 2-20g states that a person who has successfully completed a degree producing program of 4 years duration and the college or university is listed in the Accredited Institutions of Postsecondary Education book, published by the American Council on Education and has been awarded a Bachelor’s or higher degree may be enlisted in pay grade SPC (pay grade E-4).
The Accredited Institutions of Postsecondary Education book does not list
Pensacola Christian College.
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’s enlistment in pay grade E-1 on 11 September 2000 is correct. He was not eligible to be enlisted in pay grade E-4 on that date, nor was he eligible when he enlisted in the delayed entry program, notwithstanding the 28 June 2000 enlistment document. Consequently, he is not entitled to have his record corrected to show that he enlisted in pay grade E-4 on 11 September 2000.
2. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.
3. 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 that requirement.
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:
________ ___JPI__ _______ _ GRANT
________ ________ _______ _ GRANT FORMAL HEARING
__RVO__ ________ ___PM DENY APPLICATION
| CASE ID | AR2002066599 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020530 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 112.00 |
| 2. | 222 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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