RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 MAY 2005
      DOCKET NUMBER:  AR20040006334


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. Diane Armstrong               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, that his enlistment contract be corrected to
show that he enlisted in the Regular Army in pay grade E-4 vice E-3.

2.  The applicant states that he was told that once his college degree
became available he would be able to get promoted.  However, he notes that
because the information is not in his enlistment contract “it has not been
remedied.”  He states that he graduated on 22 December 2003 and enlisted in
the Regular Army on
30 December 2003 but did not receive his diploma until February 2004.

3.  The applicant provides a copy of his college transcript, which
indicates he was awarded a Bachelor of Arts Degree on 20 December 2003.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant enlisted in
the United States Army Reserve on 22 August 2003, in pay grade E-3, under
the Delayed Entry/Enlistment Program.  The applicant was still in college
at the time.

2.  On 30 December 2003 the applicant was discharged from the Delayed
Entry/Enlistment Program and enlisted in the Regular Army for a period of 5
years.  Item 21a indicates that he was accepted for enlistment in the
Regular Component of the United States Army in pay grade E-3.  He entered
active duty in pay grade E-3 on 30 December 2003.

2.  The applicant’s college transcript, provided in support of his request,
is dated 8 June 2004 and the applicant submitted his request to this Board
in July 2004.

3.  In the processing of this case, an advisory opinion was provided by the
Chief, Policy and Eligibility Inquiries Branch of the United States Total
Army Personnel Command.  It recommended that the applicant’s petition to
correct his enlistment document to show that he enlisted in Regular Army in
pay grade E-4 be approved (with a date of rank of 30 December 2003) and
that he receive any financial entitlements that he otherwise would have
been entitled, had his enlistment grade been correct.  They noted that the
applicant was awarded a Bachelor’s Degree on 20 December 2003, prior to his
enlistment in the Regular Army and as such, in accordance with Army
Regulation 601-210, paragraph
2-20g, he was authorized enlistment in pay grade E-4.


4.  Attempts to provide a copy of the advisory opinion to the applicant for
comment were not successful.

5.  Army Regulation 601-210, paragraph 2-20g states that individuals who
have successfully completed a degree producing college program of 4 years
duration and the college or university is listed in the Accredited
Institutions of Post-secondary Education book, published by the American
Council on Education and has been awarded a Bachelor’s or higher degree,
may enlist in pay grade E-4.  It states that college credits or course
completion must have occurred prior to the date or enlistment in the
Regular Army.  It also notes that individual’s who lack documentation
required for advanced promotion at the time of enlistment may submit
supporting documents within 6 months of their Regular Army enlistment.

6.  Individuals who have successfully completed 60 or more classroom
semester hours without a 5-year degree were authorized enlistment in pay
grade E-3.

DISCUSSION AND CONCLUSIONS:

The evidence confirms the applicant met requirements for enlistment in the
Regular Army in pay grade E-4.  His records should be corrected
accordingly, his date of rank should be established as 30 December 2003,
and he should be provided any financial entitlements that he otherwise
would have been entitled had his Regular Army enlistment grade been
correct.

BOARD VOTE:

__SP ___  ___PM __  __DA   __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__      ___  ___      __  ___      __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected:

      a.   by showing that he enlisted in the Regular Army in pay grade E-4;


      b.  by establishing his date of rank as 30 December 2003; and


      c.  by providing him any financial entitlements that he otherwise
would have been entitled, had his enlistment grade been correct.




                                  _____Shirley L. Powell_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006334                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050503                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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