MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 31 October 2002
         DOCKET NUMBER: AR2002076037

         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
Ms. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Mr. Curtis L. Greenway		Chairperson
Mr. Donald P. Hupman		Member
Ms. Regan K. Smith		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)

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APPLICANT REQUESTS: In effect, that his DD Form 4 Enlistment/Reenlistment Document) be corrected to show that he enlisted in the pay grade of "E-4" instead of "E-1" and that he receive all back pay and allowances due to him.

APPLICANT STATES: That he enlisted in the Army with 73 college credits which entitled him to enlist in the rank of private first class (PFC/E-3) or specialist (SPC/E-4). He was informed by his recruiter that the institution where he received his college credits was not certified and therefore he would have to enlist as a private (PVT/E-1). In support of his application, he submits a copy of his college transcripts and a copy of an institution certification (accreditation) with associated documents.

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

On 5 October 2000, he enlisted as a communications locator/interceptor in the pay grade of E-1. He continues to serve on active duty in the rank of PFC.

The applicant's DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States) shows he enlisted on 5 October 2000 in the pay grade of
E-1.

The applicant’s DD Form 1966/2 (Continuation of DD Form 1966/1) section III, item 22 (education) shows that he attended the Institute of Technology in Puerto Rico from August 1994 to June 1996.

The Enlisted Distribution Assignment System (EDAS) shows he was promoted to PFC/E3 with an effective date and date of rank (DOR) of 5 October 2001 and promoted to SPC/E-4 with an effective date and DOR of 5 October 2002.

The applicant provided a copy of a Veterans Administration (VA) Report, with associated documents from the Department of Education, Commonwealth of Puerto Rico, State Approving Agency, which approved the applicant's translation of college credits from Spanish to English effective 30 April 2002.

The applicant provided a copy of his college transcript from the Department of Education in Puerto Rico, dated 9 May 2002, which verified his completion of
73 total semester hours of undergraduate credit with an associate degree in electronic technology.

In the processing of this case an advisory opinion was provided by the Total Army Personnel Command (PERSCOM), Retention Management Division.
PERSCOM stated that a review of the records indicated that the applicant enlisted on 5 October 2000 in the pay grade of E-1. In accordance with Army Regulation 601-210, paragraph 2-20f, if the applicant had completed 60 or more semester hours of an accredited college or university the enlistment grade would be E-3. The applicant's college credit evaluation and accreditation was completed on 30 April 2002, verifying completion of 73 total semester hours of undergraduate credit. In accordance with Army Regulation 601-210, paragraph 2-20l(5), the effective date and DOR for soldiers who lacked documentation at time of enlistment will be the effective date of the promotion by the unit commander. No retroactive adjustment is authorized. The promotion will be for the grade the soldier is qualified for at time of enlistment. The system shows that the applicant has already been promoted to PFC with a DOR of 5 October 2001. The applicant was enlisted in the Army at the correct grade of E-1. Therefore, PERSCOM recommend no change to the applicant's military records.

The applicant was provided a copy of this opinion for possible comment prior to consideration of this case but no response was received.

Army Regulation 601-210 sets forth the basic authority for Regular Army and Army Reserve Enlistment Program. Section II covers Enlistment Period and Pay Grades. Paragraph 2-20 pertains to enlistment pay grades for personnel without prior service (PS). Subparagraph 5-20f states that applicants who have successfully completed sixty (60) hours or more classroom semester hours (90 hours or more quarter hours) (without a 4-year degree) of an accredited college or university listed in the Accredited Institutions of Postsecondary Education book, published by the American Council on Education, may enlist in pay grade
E-3.

Subparagraph 2-20l pertains to lacking documentation required for advanced promotion under this paragraph at time of enlistment. Regular Army (RA) soldiers may submit supporting documents to their personnel officer within
6 months of their enlistment. College credits or course completion must have occurred prior to date of enlistment in the RA. Paragraph 5 of subparagraph
2-201 states that the effective DOR for soldiers who lacked documentation at time of enlistment will be the effective date of the promotion by the unit
commander. No retroactive adjustment is authorized and each applicant will be advised that failure to produce documents before enlistment or after timeframes above will cause them to forfeit entitlement to this incentive. The promotion will be for the grade the soldier is qualified for at time of enlistment.

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 contract clearly shows that he enlisted in the pay grade of E-1 on 5 October 2000. He attended the Institute of Technology in Puerto Rico from August 1994 to June 1996.

2. The evidence of record shows that the applicant provided documentation which approved his translation of college credits from Spanish to English effective 30 April 2002. The evidence also shows that he presented his college transcript, dated 9 May 2002, which verified his completion of 73 total semester hours of undergraduate credit with an associate degree in electronic technology, which entitled him to enlist in the pay grade of E-3.

3. The applicant was entitled to submit documentation to his personnel officer within 6 months of his enlistment; however, he provided documentation well after the timeframe required and was promoted to PFC with a DOR and effective date of 5 October 2001. He was later promoted to SPC with a DOR and effective date of 5 October 2002.

4. The Board notes, that in accordance with the regulation, soldiers who lack documentation required for advanced promotion at the time of their enlistment and who provide documentation after the required timeframe would have their effective date and DOR established by the unit commander upon receipt of proper documentation required for their promotion. Failure to produce documents before enlistment or after the required timeframe would cause forfeiture of entitlement to this incentive. Retroactive adjustments are not authorized and promotion would be for the grade the soldier was qualified at the time of their enlistment.

5. Based on the foregoing, the applicant is not entitled to correction of his records to show that he was entitled to enlistment in the pay grade of "E-4" at the time of his enlistment and is not entitled to any back pay and allowances.

6. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.










7. 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

__cg___ __dh____ ___rs___ DENY APPLICATION

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

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INDEX

CASE ID	AR2002076037
SUFFIX
RECON
DATE BOARDED	20021031
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY	active duty . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	222
2.
3.
4.
5.
6.