RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 November 2005
DOCKET NUMBER: AR20050014066
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. Victoria A. Donaldson | |Analyst |
The following members, a quorum, were present:
| |Mr. Stanley Kelley | |Chairperson |
| |Ms. Diane J. Armstrong | |Member |
| |Ms. Della R. Trimble | |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 that he enlisted in the Regular Army in the pay grade E-
4.
2. The applicant states, in effect, that his enlistment contract
erroneously shows he enlisted in the Army in the pay grade of E-1.
3. The applicant provides a Statement of Understanding, dated 29 March
2003; a Memorandum for Record from the United States Army Recruiting
Command (USAREC), dated 29 March 2005; a copy of DD Form 4/1 and 4/3
(Enlistment/Reenlistment Document); and two pages of a RA Applicant Data
Report, dated 27 January 2005.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted on 3 June 2003 in the Delayed Entry Program
(DEP) in the Army Reserve for a total of 8 years in the pay grade E-1.
2. Paragraph 20a of section F of the DD Form 4/3, shows the applicant was
discharged from the DEP and enlisted in the Regular Army for a period of 5
years and 00 weeks in the pay grade E-1.
3. Paragraph 21 of section F of the DD Form 4/3 shows that he was
discharged from the Reserve Component and has accepted enlistment in the
Regular Army in the pay grade of E-1.
4. The applicant acknowledged in application for the DEP that he was
enrolling in the College First Program, that he had to complete 30 semester
hours of post-secondary education prior to terminating the educational
phase of the program, and that he must remain actively enrolled in a full-
time student status.
5. The applicant also acknowledged in his DEP application that if he
failed to meet the stipulations listed above, he would be ineligible for
the "high grad bonus" or the rank of specialist.
6. The applicant submitted an official transcript from the Beloit College
in Beloit Wisconsin. This transcript shows the applicant only completed 15
cumulative credit hours and that he was academically dismissed from the
college at the end the 2004 Fall Term.
7. There is no evidence in the available records which shows the
applicant, while in the DEP, completed the required number of semester
hours or that he maintained full-time student status after the Fall Term
2004.
8. The Memorandum for Record from USAREC, dated 29 March 2005, shows that
the enlistment contract is incorrect and the pay grade should be corrected
to show the pay grade as E-4.
9. The applicant's Statement of Understanding from USAREC, dated 29 March
2005, shows that he submitted a DD Form 149 (Application for Correction of
Military Record) for the correction of his enlistment contract without
coercion and for his own benefit.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the pay grade on his enlistment contract is
incorrect.
2. Records show the applicant was enrolled in a DEP and that he
acknowledged the educational requirements for participation in the DEP.
3. Records further show the applicant did not complete the required number
of semester hours and was academically dismissed from the college that he
was attending.
4. Notwithstanding the Memorandum for Record from USAREC, the applicant
did not meet the stipulations of his DEP contract. Therefore, he is not
entitled to correction of his enlistment contract to show the grade of
specialist E-4.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_SK____ __DRT___ __DA____ 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.
_Stanley Kelley__
CHAIRPERSON
INDEX
|CASE ID |AR20050014066 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051108 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |Grant |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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