RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 September 2007
      DOCKET NUMBER:  AR20070007421


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Judy L. Blanchard             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Ms. Laverne V. Berry              |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 that his pay grade at the time of his enlistment
be corrected to specialist instead of private first class.

2.  The applicant states in effect, that when he enlisted on 8 May 2004, he
was a part of the College First Program.  At that time he was given the
Annex A (DA Form 3286).  It stated that if he completed 30 plus semester
hours in the 2 years of the program before entering active duty, he would
enter active duty in the rank of specialist pay grade E-4.  When he shipped
out his paperwork showed that he was promoted to private first class (PFC)
pay grade E-3.  He is currently in the second phase of his Laboratory
Technician schooling and the career counselor at Fort Riley has helped him
to find documentation that he would need to correct this issue.  He also
states that he has a message in reference to the program, and initial
contract documentation.  The applicant adds that at the time he left for
basic training, he did not know enough about the Army to inquire as to why
it was wrong or what was needed to correct the matter.  He was told that he
did not have a degree and that was why he was a PFC.  He has since learned
what should have happened.  He has his college transcript showing at least
31 semester hours after signing the initial contract.

3.  The applicant provides a copy of his enlistment contract, a copy of his
college transcript, and a copy of the USAREC message in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  On 8 May 2004, the applicant enlisted in the Army Reserve for 8 years
in the Delayed Entry / Enlistment Program (DEP) in pay grade E-1.  He was
discharged from the Army Reserve DEP upon his enlistment in the Regular
Army for a period of 5 years on 26 July 2006.  His enlistment grade is
shown as E-3.

2.  In the applicant's DA Form 3286 (Annex A) (Statement For Enlistment
United States Army Enlistment Program / US Army Delayed Enlistment
Program), he acknowledged, in effect, that upon enlistment into the Regular
Army, he would enlist under the provisions of Army Regulation 601-210 and
he was assured school of choice (Medical Laboratory Specialist).  The
applicant enlisted into the College First Program and by enlisting in the
program, he understood that by participating in the College First DEP he
may be eligible to receive a stipend for each month that he attends a post
secondary program.  He also understood that if he achieved 30 plus semester
hours of post secondary education prior to terminating the educational
phase of the program, he would be eligible for the high grade bonus
commensurate with the credit hours obtained.  He also understood that he
would be eligible to enter active duty in the rank of Specialist.  If he
achieved fewer than 30 semester hours of post-secondary education, he would
not be eligible for the high grade bonus or the rank of specialist.  The
applicant’s college transcript shows that he completed more than 30
semester hours of post-secondary education.  The applicant signed the
statement for enlistment on 26 July 2006.

3.  The USAREC Message dated November 2001 indicates that the United States
Army College First Enlistment Options is a memorandum from the Secretary of
the Army.  The purpose of the memorandum was to update the pilot program
titled “College First” test cell “A”.  The College First test program
sponsored high school graduates in 40 percent of the country who scored in
the top half on the Armed Forces qualification test to attend up to 2 years
of post-secondary education prior to accessing on active duty.  Post-
secondary is defined as “a program of education” at a “training
establishment” or “institution of higher learning.”  The Army would pay
those participants in the Delayed Entry Program (a portion of the test
population) a $150.00 per month allowance while attending school and would
repay qualifying student loans after the participant accesses to active
duty.  A portion of the test population would be required to serve in a
troop program unit of the selected reserve while attending school.  Those
in the selected reserve would receive their reserve duty pay but would not
receive the educational allowance.  The message does not apply to prior
service.

4.  In support of his application the applicant provides copies of his
enlistment contract and allied documents, along with a copy of his college
transcripts, which shows that the applicant earned 30 or more semester
hours of college prior to entry on active duty.  The applicant's enlistment
documents show that he enlisted in the U.S. Army, on 26 July 2006, in pay
grade E-3.  The college transcripts, in pertinent part, show that the
applicant met the College First Program requirements prior to entering the
Army.

5.  In the processing of this case an advisory opinion was obtained from
the Office of the Deputy Chief of Staff, G-1, Chief Recruiting Policy
Branch.  An official of that Branch stated that the applicant should have
enlisted in pay grade E-4.  A review of the applicant’s annexes reflected
that he would have been promoted to pay grade E-4 under the College First
Program provided that he earned 30 or more semester hours of college prior
to entry on active duty.  The applicant’s record reveals that upon
enlistment on active duty he had met the semester hour requirements.  Based
on the review of the applicant’s record it was recommended that the
applicant be advanced to pay grade E-4 and that his date of rank of
promotion to pay grade E-4 coincide with the date the applicant entered
active duty in July 2006.
6.  College First Delayed Entry Program applies to participants who enlist
for the College First DEP Program.  Individuals initially enlist in
military occupational specialty (MOS) 09B (unassigned).  Participants are
required to begin their post-secondary education programs within 3 months
of their contract date or if a senior in high school 3 months after
graduation, which ever occurs last.  Participants receive a $150.00 a month
allowance for each month that they attended a post-secondary educational
program.  The allowance payment will not be pro-rated.  In no case will an
individual receive the College education stipend for more than 24 months.

7.  Army Regulation 601-210, paragraph 8-7 (Correction of Enlistment Grade)
states that any correction of enlistment grade, after enlistment documents
have been executed, is to be accomplished by promotion or reduction action,
whichever applies.  It also provides that enlistment documents will not be
altered to reflect the different grade and instructs compliance with
appropriate provisions of Army Regulation 600-8-19 (Enlisted Promotions and
Reductions).  Assistance in establishing an individual's eligibility for a
different grade is based on enlistment contract and supporting documents
that may be requested from the DCS, G-1 (DAPE-MPA).  Requests must include
copies of substantiating documents or statements.  The Soldier will be
advised of the right to apply to the ABCMR, if required.  The ABCMR, acting
for the Secretary of the Army (10 USC 1552), is the authority for
correcting (backdating) the effective date when a conflict exists.  Army
Regulation 600-8-19 provides procedures for retroactive effective date, as
well as procedures for receipt of back pay.

DISCUSSION AND CONCLUSIONS:

1.  The contention of the applicant was carefully considered and found to
have merit.

2.  The evidence of record shows that the applicant enlisted into the Army
in pay grade E-3.  The annexes to the applicant’s enlistment contract
reflects that he participated in the College First Program which provides
that if he earned 30 or more semester hours of college prior to entry on
active duty, he would enter active duty in pay grade E-4.  The applicant’s
records revealed that upon entry on active duty he had met all requirements
including earning the 30 or more semester hour requirements.  Therefore, at
the time of his enlistment in the Regular Army on 26 July 2006, he was
authorized to enlist in the U.S. Army in pay grade E-4.


3.  It is clear that an error was made during the preparation of the
applicant's enlistment contract.  This error should have been discovered by
the Army Guidance Counselor prior to the applicant’s enlistment.  The
applicant enlisted in good faith and should not be penalized for an
administrative error that was not his fault.

4.  In view of the facts of this case, it appears that the applicant
entered into a contract with the Army that was incorrect with respect to
his beginning pay grade. Therefore, it is appropriate that his record be
corrected to show that he enlisted in the Regular Army in pay grade E-4,
with a date of rank and effective date of
26 July 2006.  The applicant is also entitled to payment of all pay and
allowances due as a result of this correction.

BOARD VOTE:

___JEA__  ___LVB_  ___RDG_  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 the applicant enlisted in the RA on 26 July 2006 in
pay grade E-4.

2.  In addition, as a result of this correction, the Defense Finance and
Accounting Service shall be notified of the Board's determination and remit
payment to the applicant of all back pay (i.e., pay and allowances, less
any withholdings and/or deductions) due as a result of this correction.




                                  ___James E. Anderholm____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/18                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]