RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 July 2005
DOCKET NUMBER: AR20040008158
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. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. John Infante | |Chairperson |
| |Mr. Robert J. Osborn | |Member |
| |Ms. Brenda K. Koch | |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, correction of his enlistment entry
grade and all back pay and allowances due as a result.
2. The applicant states, in effect, that he received a Bachelor of Arts
(BA) Degree from the University of Colorado before entering the Regular
Army (RA), which entitled him to enlist in the rank and pay grade
specialist/E-4 (SPC/E-4).
3. The applicant provides a copy of his enlistment contract (DD Form 4)
and college transcripts in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant’s Official Military Personnel File (OMPF) contains copies
of college transcripts that confirm he received a BA Degree from the
University of Colorado on 19 December 2003.
2. On 30 December 2003, the applicant enlisted in the RA and entered
active duty in the rank and pay grade private first class/E-3 (PFC/E-3).
3. In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Retention Management Division, Human Resources
Command (HRC). This official reviewed the applicant’s record and confirms
he was erroneously enlisted in the rank and pay grade PFC/E-3. He further
verifies that the governing regulation provided for members who have
completed a degree producing college program of 4 years to enter the Army
as a SPC/E-4. He further recommends the applicant’s record be corrected to
show the entry grade of SPC/E-4, with a date of rank of 30 December 2003;
and that the applicant receive any financial entitlements that he otherwise
would have been entitled to had his enlisted grade been correct.
4. On 19 November 2004, the applicant was provided a copy of the HRC
advisory opinion. To date, he has not replied.
5. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) prescribes eligibility criteria governing the enlistment of
persons, with or without prior service, into the RA and Army Reserve.
Paragraph 2-18 provides guidance on enlistment pay grades. It states, in
pertinent part, that enlistees who have successfully completed a degree-
producing college program of 4 years duration may enlist at any time at pay
grade SPC/E-4.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s contention that his entry grade should have been SPC/E-
4 based on his having received a BA Degree prior to his enlistment in the
RA was carefully considered and found to have merit. By regulation,
members who have successfully completed a degree-producing college program
of 4 years duration may enlist at any time in the grade of SPC/E-4.
2. The evidence of record confirms the applicant received a BA Degree from
the University of Colorado prior to his enlistment and entry on active duty
in the RA, as confirmed by the HRC advisory opinion. Thus, it would be
appropriate to correct the applicant’s record to show his entry grade was
SPC/E-4, with a promotion effective date and date of rank of 30 December
2004; and by providing him all back pay and allowances due as a result.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___JI ___ ___RJO _ ___BKK _ 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 that at the time the individual concerned enlisted in the Regular
Army, he was authorized to enlist in the rank and pay grade of specialist/E-
4; by adjusting his specialist/E-4 promotion effective date and date of
rank to
30 December 2004; and by providing him any back pay and allowances due as a
result.
____John Infante________
CHAIRPERSON
INDEX
|CASE ID |AR20040008158 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005/07/21 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. 21 |102.0700 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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