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ARMY | BCMR | CY2002 | 2002081595C070215
Original file (2002081595C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 May 2003
         DOCKET NUMBER: AR2002081595


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

Mr. Carl W. S. Chun Director
Mr. Jessie B. Strickland Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Ted S. Kanamine Member
Mr. Lawrence Foster Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his records be corrected to show that he enlisted in the pay grade of E-3.

3. The applicant states, in effect, that he met the requirements for enlistment in the pay grade of E-3; however, he did not know it at the time and was enlisted in the pay grade of E-2 He has since been informed by his superiors that he should have been enlisted at a higher grade.

4. The applicant’s military records show that he enlisted in the pay grade of E-2 on 13 November 2001, for a period of 6 years, training as a helicopter repairman, assignment to a unit in the Continental United States and a cash enlistment bonus. At the time of his enlistment, he provided a transcript from Lane Community College in Eugene, Oregon, showing he had completed 107 semester hours.

5. In the processing of this case a staff advisory opinion was obtained from the Total Army Personnel Command (PERSCOM) Retention Management Division which opined that the applicant had been erroneously enlisted in the pay grade of E-2 and should have been enlisted in the pay grade of E-3. The opinion was provided to the applicant who concurred with the opinion as written.

6. Army Regulation 601-210 provides the policies and procedures for enlistment of enlisted personnel. Paragraph 2-20f provides that if an applicant has successfully completed 48 or more classroom semester hours of an accredited college or university, the enlistment pay grade will be E-3.

CONCLUSIONS:

1. The applicant provided the necessary documents (transcripts) at the time of enlistment to show that he was entitled to enlist in the pay grade of E-3; however, through an administrative oversight, he was incorrectly enlisted in the pay grade of E-2.

2. Therefore, the Board finds that it would be in the interest of justice to correct his records to show that he enlisted on 13 November 2001, in the pay grade of E-3, and that he is entitled to all back pay and allowances from that date.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.




RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual concerned enlisted on 13 November 2001, in the pay grade of E-3, instead of E-2 as currently reflected, and that he is entitled to back pay and allowances to that date.

BOARD VOTE:

__lf_____ __tk ____ __mkp___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Margaret K. Patterson___
                  CHAIRPERSON




INDEX

CASE ID AR2002081595
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/05/13
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 222 112.0000/enl grd
2.
3.
4.
5.
6.


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