RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 December 2006
      DOCKET NUMBER:  AR20060007077


      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. Maria C. Sanchez              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Alan L. Raub                  |     |Chairperson          |
|     |Mr. Frank C. Jones, II            |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 the grade of specialist/pay grade E-4.

2.  The applicant states, in effect, that because the final transcript was
not available to prove he was a college graduate at the time of his
enlistment, he was enlisted in the grade of private first class/pay grade E-
3.  He continued that he was advised to submit the college transcript to
the Drill Sergeant when it became available so he would be promoted to the
pay grade E-4.

3.  The applicant provides a copy of DA Form 2823 (Sworn Statement), dated
11 May 2006; a memorandum for record, dated 27 March 2006; a Loyola
Marymount University transcript; and his enlistment packet in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 4 (Enlistment/Reenlistment Document) shows that
he enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program
on 2 March 2005.  He was discharged from the USAR on 9 May 2005 and
enlisted in the Regular Army for a period of five years for training in
military occupational specialty (MOS) 31B (Military Police).  Section G of
the DD Form 4/3 shows that the applicant enlisted in the Regular Army in
the "pay grade E-3."

2.  The applicant submitted a DA Form 2823 (Sworn Statement), dated 11 May
2006, wherein he stated that in early 2003, he spoke with a recruiter about
joining the Army after he graduated from Loyola Marymount University.  He
continued that the recruiter stated that with a bachelor's degree he would
enter the Army in the grade of specialist/pay grade E-4.

3.  The applicant further stated that prior to his appointment with
Military Enlistment Processing Station (MEPS), he re-evaluated his decision
to join the Army and determined that he would be financially stable earning
at the grade of specialist/pay grade E-4.  He continued that, on 3 March
2005, the MEPS counselor enlisted him in the grade of private first
class/pay grade E-3 because he had not graduated from college.  The
applicant further stated that the MEPS counselor informed him that as soon
as he obtained proof of graduation, he would be promoted.


4.  The applicant stated he reported to MEPS on 9 May 2005 to finalize the
paperwork.  The applicant contends that during basic training, a National
Guard Liaison directed him and another Soldier to bring in their college
transcripts which would result in promotion to the pay grade E-4.  The
applicant further stated that upon receipt of his transcripts, he met with
his platoon sergeant and discussed his situation; however, due to a major
reorganization, the paperwork was lost.

5.  The applicant stated after several attempts to correct the situation,
the request for promotion to the pay grade of E-4 was submitted to the
Department of the Army Retentions Branch; however, the request was returned
without action because the 6-month timeframe to file for promotion had
expired.  He continued that his chain of command told him to write a
memorandum for record and they would resubmit the request for promotion.
The applicant concluded that the second request was returned without action
because the timeframe had expired.

6.  The applicant submitted a copy of his college transcript from Loyola
Marymount University, dated 6 June 2005, which shows that he was awarded a
Bachelor of Arts Degree on 7 May 2005.

7.  The Chief, Recruiting Policy Branch of the Office of the Deputy Chief
of Staff G-1 provided an advisory opinion in this case.  The Chief,
Recruiting Policy Branch stated that after their review, it was discovered
that the applicant enlisted into the Army in the grade of private first
class/pay grade E-3.  The Chief, Recruiting Policy Branch continued that
the review also revealed the applicant was issued his Bachelor's Degree
during the same timeframe he entered active duty.

8.  The Chief, Recruiting Policy Branch opined that if the college degree
was not issued by ship date, the recruiter should have requested a letter
from the school official to verify that the applicant had met all
graduation requirements and would receive his degree.  The Chief,
Recruiting Policy Branch continued that this would have prevented the
current issue from occurring and would have allowed the applicant to enter
onto active duty in the grade of specialist/E-4.

9.  The Chief, Recruiting Policy Branch stated that although the Army's
policy requires that advanced pay grade issues be resolved within 6 months
of entry to active duty, it is clear this could not be done because of the
obstacles the applicant encountered trying to get this issue addressed.
The Chief, Recruiting
Policy Branch stated that this opinion is based on regulatory guidance
outlined in chapter 2 of Army Regulation 601-210 (Regular Army and Army
Reserve Enlistment Program).

10.  The Chief, Recruiting Policy Branch stated that it appeared the
applicant did all the right things trying to correct the issue; therefore,
recommends administrative relief.  The Chief, Recruiting Policy Branch
further stated the relief should be granted by advancing the applicant to
the grade of specialist/E-4 and his date of rank and effective date of
promotion to the grade of specialist/E-4 coincide with the date the
applicant entered onto active duty on 9 May 2005.

11.  The applicant was provided a copy of the advisory opinion for review
and comment.  The applicant submitted his concurrence on 30 June 2006.

12.  Army Regulation 601-210 governs eligibility criteria, policies, and
procedures for enlistment and processing of persons into the Regular Army
and the U.S. Army Reserve for enlistment.  Paragraph 2-18a(9) states that
an applicant 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 (AIPE) (and has been
awarded a bachelor's or higher degree) may enlist at any time at the pay
grade of specialist/E-4.  Advanced promotion is authorized if college or
university provides a letter stating the applicant has met all requirements
for a degree, but it will not be awarded until commencement ceremony.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested correction of his records to show that he
enlisted into the Army in the grade of specialist/pay grade E-4.

2.  Evidence shows the applicant was enlisted into the Army in the pay
grade E-3.

3.  Evidence shows the applicant received a Bachelor of Arts Degree two
days prior to entrance into the Army.  Evidence also shows that the college
transcript was not released until 6 June 2005.

4.  Records clearly show that an administrative error resulted in an
erroneous rank at the time of the applicant's enlistment.

5.  Based on the foregoing facts, it would be in the interest of justice to
correct the applicant's records to show he enlisted into the Army in the
grade of specialist/pay grade E-4 and he should be provided all back pay
and allowances due as a result of this correction.


BOARD VOTE:

_QAS____  _FCJ___  _ALR___  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
amending his enlistment contract to show he enlisted in the grade of
specialist/pay grade E-4 and that he be paid all back pay and allowances
due as a result of this correction.




                                     ___Allen L. Raub____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060007077                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061212                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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