RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 February 2005
DOCKET NUMBER: AR20040003227
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Ms. Yolanda Maldonado | |Chairperson |
| |Mr. Ronald J. Weaver | |Member |
| |Mr. Jonathon K. Rost | |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, in effect, that her records be corrected to
show she enlisted in pay grade E-4.
2. The applicant states that she completed all the requirements for
enlisting as a Specialist, E-4 prior to enlisting. All the paperwork was
submitted to the recruiter and he assured her that her rank would be
adjusted before she completed basic training.
3. The applicant provides a letter from the Assistant Dean for
Undergraduate Studies, University of South Carolina, dated 5 August 2003
and her college transcripts.
CONSIDERATION OF EVIDENCE:
1. The applicant entered the Delayed Entry Program on 19 December 2002.
Item 5 of her Security Clearance Application shows she was awarded a
Bachelor of Science degree on 17 December 2002 from the University of South
Carolina at Columbia.
2. The applicant enlisted in the Regular Army on 4 March 2003 for 5 years
in pay grade E-3.
3. The applicant provided a 5 August 2003 letter from the Assistant Dean
for Undergraduate Studies which stated the applicant was "currently a
candidate for a Bachelor of Science degree…has fulfilled all of the course
requirements for her major in biological sciences and will be completing
the one remaining degree requirement during the fall 2003 semester…expected
date of graduation is December 15, 3002."
4. The applicant's college transcripts show she was awarded a Bachelor of
Science degree on 8 May 2004.
5. In the processing of this case, an advisory opinion was obtained from
the Retention Management Division, U. S. Army Human Resources Command.
That office noted that the applicant enlisted on 4 March 2003 but was not
awarded her Bachelor's degree until 8 May 2004, thereby not meeting the
eligibility criteria for advanced promotion to E-4. That office
recommended no change to the applicant's records.
6. A copy of the advisory opinion was provided to the applicant for
comment or rebuttal. She elected not to rebut the advisory opinion.
7. Army Regulation 601-210 prescribes eligibility criteria governing the
enlistment of persons, with or without prior service, into the Regular Army
and the U.S. Army Reserve. In pertinent paragraphs, it states that the
date of rank for persons without prior service enlisting in the Regular
Army will be the date of enlistment on active duty. Applicants who have
successfully completed a degree-producing college program of 4 years
duration and the college or university is properly accredited and have been
awarded a Bachelor's or higher degree are authorized enlistment in pay
grade E-4. A Regular Army Soldier who lacks documentation required for
advance promotion at the time of enlistment may submit supporting documents
to his personnel officer within 6 months of his enlistment.
8. Army Regulation 601-201 further states that college credit or course
completion must have occurred prior to date of enlistment in the Regular
Army. The effective date and date of rank for Soldiers who lacked
documentation at the time of enlistment will be the effective date of the
promotion by the commander. No retroactive adjustment is authorized and
each applicant will be advised that failure to produce documents before
enlistment or after the time frames above will cause them to forfeit
entitlement to this incentive.
DISCUSSION AND CONCLUSIONS:
The applicant enlisted in the Regular Army on 4 March 2003. She provided
college transcripts that show she was not awarded a Bachelor of Science
degree until 8 May 2004. By regulation, the course completion must have
occurred prior to the date of enlistment in the Regular Army. Therefore,
she did not meet the eligibility requirements for entry in the Regular Army
in pay grade E-4.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__ym____ __rjw___ __jkr___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case
are insufficient as a basis for correction of the records of the individual
concerned.
___Yolanda Maldonald__
CHAIRPERSON
INDEX
|CASE ID |AR20040003227 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050224 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |112.02 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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