RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 May 2007
	DOCKET NUMBER:  AR20070003684 


	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. Gerard W. Schwartz

Acting Director

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Michael J. Flynn

Member

Ms. Rose M. Lys

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 of E-4, instead of E-3.

2.  The applicant states, in effect, that his enlistment contract erroneously shows that he enlisted in the pay grade of E-3.  He states that according to regulation, he lacked the proper documentation for enlistment in the pay grade of E-4.  He elaborated on the regulation pertaining to his advancement and the events that occurred after his enlistment and up to presenting the proper documentation for his enlistment for pay grade E-4.

3.  The applicant provides a copy of his college transcript from Florida International University; a copy of an official verification statement from Florida International University, dated 18 April 2005; and a copy of his Bachelor of Business Administration (BBA) degree from Florida International University, in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the U. S. Army Reserve (USAR) on 12 May 2005, in pay grade E-3.  He enlisted in the Regular Army on 5 May 2005, in the pay grade of E-3, for training as a chemical operations specialist, in military occupational specialty (MOS), 74D.  

2.  The applicant is currently serving on active duty in the rank and pay grade of E-3, at Fort Hood, Texas.

3.  DD Form 4/1, Section B (Agreements) shows that the applicant enlisted in the Army Reserve in the pay grade of E-3.  DD Form 4/3, Section G (Approval and Acceptance by Service Representative) shows that he was accepted for enlistment in the Regular Army in pay grade E-3, on 5 May 2005.

4.  Item 22 (Education), of his DD Form 1966/1 (Record of Military Processing-Armed Forces of the United States), indicates that the applicant attended Florida International University from 9 January 2000 to the date of his enlistment and was not a graduate.

5.  The applicant provided a copy of an official verification statement from Florida International University, dated 18 April 2005, which indicated that he was enrolled full time at the time as an undergraduate student in the college of business with an anticipated graduation date of 13 August 2005.
6.  The applicant provided a copy of his college transcript and degree certificate to show that he was enrolled at Florida International University and was granted a BBA Degree, on 13 August 2005.  

7.  In the processing of this case, an advisory opinion was requested of the Chief, Recruiting Policy Branch, Office of the Deputy Chief of Staff, G-1.  

8.  On 30 March 2007, the G-1, provided the Board an advisory opinion.  The G-1 stated that the applicant's application had been reviewed.  His enlistment contract suggested that although his degree had not been conferred at the time of enlistment onto active duty, he had already met the requirements to be awarded the degree.  The G-1 states that Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), dated 16 May 2005, paragraph   2-18a(16) states lack of documentation required for advanced promotion may be provided to the personnel officer within 6 months of enlistment.  It appeared that the applicant took proper action after entry onto active duty to receive the accelerated pay grade of E-4 within the guidelines proved in Army policy, but his request was not honored. 

9.  Additionally, the G-1 states that this opinion is based on regulatory guidance outlined in Army Regulation 601-210, chapter 2, as well as the review of the enclosed application and other source documents.  G-1 recommended administrative relief for the applicant and that their recommendation was based on regulatory guidance.  The applicant should be promoted to pay grade E-4 with an effective date that coincides with the date he entered onto active duty, considering he had already earned his bachelor's degree.

10.  The applicant was provided a copy of the favorable opinion for possible comment prior to consideration of this case.  The applicant responded within the timeframe allotted and concurred on 11 April 2007.

11.  Army Regulation 601-210 sets forth the basic authority for Regular Army and Army Reserve Enlistment Program.  Section II covers Enlistment Period and Pay Grades.  Paragraph 2-18 pertains to enlistment pay grades for personnel without prior service (PS).  Subparagraph 2-18a(16) states that Soldiers who lack documentation required for advanced promotion under this paragraph at time of enlistment may submit supporting documents to their personnel officer within 6 months of enlistment.  Documents must be original, certified, or evaluated as 



required.  College credit or course completion (includes JROTC/ROTC [Junior Reserve Officer Training Corps]) must have occurred prior to date or enlistment in the RA or entry on IADT (Initial Active Duty for Training) for AR (Army Reserve).

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant enlisted in the Regular Army on 5 May 2005, in the pay grade of E-3 and was at the time enrolled at Florida International University.  At the time of his enlistment he was not a graduate.  He provided a copy of an official verification statement, date 18 April 2005, which verified that he was enrolled as a full time undergraduate student, with an anticipated graduation date of 13 August 2005.

2.  In an advisory opinion, the G-1 stated that the applicant's enlistment contract suggested that although his degree had not been conferred at the time of his enlistment onto active duty, he had already met the requirements to be awarded the degree.  

3.  The G-1 official also stated that the applicant took proper action after entry onto active duty to receive the accelerate pay grade of E-4 with the guidelines provided in Army policy, but his request was not honored.  G-1 recommended administrative relief based on regulatory guidance and that the applicant be promoted to pay grade E-4, with an effective date that coincides with his entry on active duty.

4.  Based on the available evidence and the recommendation made by the G-1, the applicant is entitled to correction of his enlistment contract to show that he enlisted in the Regular Army in the pay grade of E-4, effective 5 May 2005, and to received back pay and allowance effective from 5 May 2005, in pay grade E-4, to the present.

BOARD VOTE:

__RTD__  __MJF___  __RML__  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:

a.  by amending his DD Form 4, dated 5 May 2005, to show the pay grade of E-4; and

b.  by entitling him to back pay and allowances effective from 5 May 2005, in the pay grade of E-4, to the present.




_____Richard T. Dunbar______
          CHAIRPERSON




INDEX

CASE ID
AR20070003684
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070503
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
ACTIVE DUTY
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
131
2.

3.

4.

5.

6.