RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            28 April 2005
      DOCKET NUMBER:   AR20040005426


      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:

|     |Mr. John P. Infante               |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Mr. Peter B. Fisher               |     |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 records be corrected to
show he enlisted in pay grade E-4 and that he be paid the difference in pay
between an  E-3 and an E-4 from 31 December 2003 to 25 June 2004.

2.  The applicant states that, when he enlisted, he had successfully
completed a degree-producing college program of 4 years duration before his
ship date and the university is listed in the Accredited Institutions of
Postsecondary Education book.  He should have enlisted in pay grade E-4.
However, he was given pay grade E-3.  His recruiter and he were not able to
obtain his updated college records because of the holidays (31 December
2003).  He was told it would be fixed later.

3.  The applicant provides his college degree and transcripts; a letter
from the Rutgers University Registrar; a DD Form 4187 (Personnel Action);
his enlistment contract, and his Enlisted Record Brief.  He states that
Army Regulation 601-210 is provided but no copy or extracts were included
with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant provides a letter dated 16 April 2003 from the Rutgers
University Registrar indicating the applicant was registered as a full-time
student and the fall semester was to end on 22 December 2003.  The
applicant was expected to graduate in January 2004.

2.  The applicant enlisted in the U. S. Army Reserve (Delayed Entry
Program) on 18 April 2003 in pay grade E-3.  He enlisted in the Regular
Army on                   31 December 2003 in pay grade E-3.  He signed
page 7 of his Statement for Enlistment United States Army Enlistment
Program acknowledging that he had NOT (emphasis in Statement) been promised
anything other than what was written on this form and that no other (verbal
or otherwise) promise or representation not annexed to his enlistment
contract was valid or would be honored.

3.  The applicant's college transcripts and diploma show he was awarded his
Bachelor of Arts degree in May 2004.

4.  The applicant was promoted to Specialist, E-4 effective 16 July 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 31 December 2003 but his
college transcripts and degree certificate indicated his degree was awarded
on 20 May 2004 and therefore recommended no change to his military records.

6.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  He rebutted that Army Regulation 601-210, paragraph 2-
20l(3) states, "College credits or course completion must have occurred
prior to date of enlistment in the RA or USAR."  He completed his last
college credits in Fall 2003.  The Office of the Registrar indicated that
the Fall 2003 semester ended  22 December 2003.  He enlisted on 31 December
2003, after he completed all college credits in accordance with the
regulation.  He left for basic combat training soon after he completed
college.  Since it was the holidays, the Office of the Registrar was closed
and was not able to supply him with the necessary documents before he
shipped.  The Army recruiting system failed to fulfill its obligation to a
new recruit and is at fault.  It neglected important documents and rushed
him through the system and did not correct them at a later time.

7.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program), paragraph 2-20g states that a member who 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 and has been awarded a Bachelor's or higher
degree qualifies for enlistment as a Specialist, E-4.

8.  Army Regulation 601-210, paragraph 2-20l discusses members who lack the
documentation required for advanced promotion under paragraph 2-20 at the
time of enlistment.  Subparagraph 2-20l(3) states that the college credits
or course completion must have occurred prior to date of enlistment.
Subparagraph 2-20l(5) goes on to state that the effective date and date of
rank for Soldiers who lacked documentation at time of enlistment would be
the effective date of the promotion by the unit commander.

DISCUSSION AND CONCLUSIONS:

1.  It appears the applicant is contending that his recruiter promised him
he would be enlisted as a Specialist, E-4 because he had completed the
courses required for his college degree prior to his enlistment on 31
December 2003.  However, such a promise was not made in his enlistment
contract, he provides no evidence that such a promise was made, and he
acknowledged on his Statement for Enlistment United States Army Enlistment
Program that he had not been promised anything other than what was written
on that form.

2.  In addition, the applicant quotes that portion of the regulation that
discusses members who lack the documentation required for advanced
promotion under paragraph 2-20 at the time of enlistment (i.e., that the
college credits or course completion must have occurred prior to the date
of enlistment).  The preceding paragraph, paragraph 2-20g, requires that
the member have been awarded a Bachelor's or higher degree in order to
qualify for enlistment as a Specialist, E-4. Paragraph 2-20l also goes on
to state in subparagraph (5) that the effective date and date of rank for
Soldiers who lacked documentation at time of enlistment would be the
effective date of the promotion by the unit commander.

3.  It is also noted that the applicant's degree was not awarded until May
2004, not in January 2004 as the Registrar's office indicated.  The
applicant does not explain or provide evidence to show the reason for the
discrepancy.

4.  Regrettably, there is insufficient evidence on which to grant the
applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jpi___  __reb___  __pbf___  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.




            ___John P. Infante____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040005426                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050428                                |
|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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