RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 May 2005
DOCKET NUMBER: AR20440005419
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. Rosa M. Chandler | |Analyst |
The following members, a quorum, were present:
| |Ms. Margaret V. Thompson | |Chairperson |
| |Mr. John T. Meixell | |Member |
| |Mr. Leonard G. Hassell | |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 his enlistment contract be
corrected to show he enlisted in the Regular Army (RA) in the rank of
Specialist (SPC/E-4) with a date of rank of 27 June 2002 with entitlement
to pay and allowances from that date.
2. The applicant states, in effect, that prior to enlisting in the RA, he
completed a 4 year degree program at Colorado College, Colorado Springs
Colorado; he was awarded a Bachelor of Arts degree and the college is
listed in the Accredited Intuitions of Post-secondary Education book.
3. The applicant provides in support of his request:
a. A portion of his enlistment contract, dated 27 June 2002.
b. A Bachelor of Arts degree and transcript from the College of
Colorado that shows he was granted a Bachelor of Arts degree in
History/Political Science on 20 May 2002.
c. Page 13 from Army Regulation 601-210 (Personnel Procurement-RA
and Army Reserve Enlistment Program).
CONSIDERATION OF EVIDENCE:
1. The applicant's military personnel records show that on 27 June 2002,
he enlisted in the RA for 5 years and the following options and incentives:
Special Forces Recruit; pay grade E-3; the loan repayment program; and a
cash incentive award of $17,000.
2. In the processing of this case, an advisory opinion was obtained from
the US Army Human Resources Command, Alexandria, Virginia (HRC-Alexandria)
Retention Management Division. The opinion states that, in accordance with
paragraph 2-20g, Army Regulation 601-210, if an applicant has completed a
degree-producing college program from an accredited college or university
that is listed in Accredited Intuitions of Post-Secondary Education
published by the American Council on Education, and the applicant has been
awarded a Bachelor of Arts degree, or higher degree, the enlistment pay
grade will be SPC/E-4. The applicant's college transcripts indicate that
he was awarded a Bachelor of Arts degree on 20 May 2002, prior to
enlistment in the RA.
3. The HRC recommends that the applicant's military records be corrected
to show he enlisted in the rank of SPC/E-4 with a date of rank (DOR) of 27
June 2002 with all financial entitlements that he would have been
authorized had his enlistment grade been correct.
4. On 7 October 2004, the applicant was provided a copy of the advisory
opinion for review and comment. On 10 November 2004, the applicant
concurred with the advisory opinion.
5. Army Regulation 601-210 (Personnel Procurement-RA and Army Reserve
Enlistment Program) governs eligibility criteria, polices, and procedures
for enlistment and processing of persons into the RA and United States Army
Reserve for enlistment on or after the effective date of this regulation
(28 February 1995). It states in paragraph 2-20g that if the individual
has successfully completed a degree producing college 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,
the individual may enlist as a SPC/E-4.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly show the applicant contracted for
enlistment in the RA in pay grade E-3. In accordance with paragraph 2-20g,
Army Regulation 601-210, as a college graduate, he was eligible to enlist
in the rank of SPC/E-4.
2. The HRC-Alexandria advisory opinion recommends promoting the applicant
to SPC/E-4 effective 27 June 2002 with back pay and allowances.
3. In view of the facts, it would be in the interest of justice to correct
the applicant's record to show he enlisted in the rank of SPC/E-4 on 27
June 2002, with entitlement to all back pay and allowances from that date.
BOARD VOTE:
__mvt___ __jtm___ __lgh___ 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 by
showing the individual enlisted in the rank of SPC/E-4 on 27 June 2002,
with entitlement to all back pay and allowances from that date.
Margaret V. Thompson
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20040005419 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050524 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |(GRANT) |
|REVIEW AUTHORITY | |
|ISSUES 1. |129.0500 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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