IN THE CASE OF:	  

		BOARD DATE:	  4 November 2008

		DOCKET NUMBER:  AR20080008656 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his date of rank (DOR) and effective date for promotion to specialist (SPC/E-4) of 1 March 2008 be back dated (adjusted) to the date of his enlistment of 15 May 2006.

2.  The applicant states, in effect, that while enlisting his recruiter did not request his transcripts from college that amounted to 101 credits.    

3.  The applicant provides a copy of his DD Form 4/1 (Enlistment/Reenlistment Document/Armed Forces of the United States); a copy of DA Form 3286 (Statement for Enlistment United States Army Enlistment Program/US Army Delayed Enlistment Program); a copy of his Associate Degree; and a copy of his college transcripts 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 24 April 2006, in pay grade E-3.  He enlisted in the Regular Army (RA) on 15 May 2006, in the pay grade of E-3, for training as a Petroleum Supply Specialist, in military occupational specialty (MOS) 92F.  He was promoted to specialist (SPC/E-4) effective 1 March 2008.

2.  The applicant is currently serving on active duty.



3.  The applicant’s DD Form 4/1, Section B (Agreements) shows that he enlisted in the Army Reserve in the pay grade of E-3 and that he would be ordered to active duty as a Reservist on 15 May 2006.  The DD Form 3286 shows that his date of enlistment in the RA was scheduled for 15 May 2006 in the pay grade of E-3.

4.  The applicant's copy of his service school reservation notification shows his reservation date as 24 April 2006 in pay grade E-3.  The reason for his entry in an advanced rank was that he had earned 48 or more college semester hours or awarded an Associate Degree. 

5.  The applicant provided a copy of an official transcript from the Pittsburgh Technical Institute which indicates that he was enrolled full time and had completed 101 credits with an anticipated graduation date of 1 July 1999.

6.  The applicant was awarded an Associate Degree in Specialized Technology from the Pittsburgh Technical Institute on 1 July 1999.

7.  In the processing of this case, an advisory opinion was requested of the Chief, Force Alignment Division, US Army Human Resources Command (AHRC), Alexandria, Virginia.  

8.  On 4 August 2008, the AHRC provided the Board an advisory opinion.  AHRC stated that after a thorough review of the Soldier’s enlistment contract, dated 15 May 2006, no relief was recommended for further adjustment of his date of rank.  The AHRC stated that it was noted that the Soldier enlisted in the grade of E-3 at the time of enlistment.  The authorized grade for an Associate Degree was E-3.  The Soldier would only be authorized a higher grade if he attained a Bachelors Degree. 

9.  The opinion was forwarded to the applicant for his acknowledgement on 12 August 2008.  He was provided 30 days to respond; however, he did not respond.

10.  Army Regulation 601-210 sets forth the basic authority for Regular Army and Army Reserve Enlistment Program.  Section II covers Enlistment Periods and Pay Grades.  Paragraph 2-20 pertains to enlistment pay grades for personnel without prior service (PS).  Subparagraph 2-18a(7) states that applicants who have successfully completed forty eight (48) or more classroom semester hours (72 or more quarter hours) (without a 4-year degree) at an accredited degree granting college or university may enlist in pay grade PFC.  Applicants with an associate’s degree will be enlisted at pay grade PFC without regard to the number of semester or quarter hours completed.
11.  Subparagraph 2-18a(8) states that applicants who have successfully completed 2 or more academic years of a postsecondary vocational-technical school and have received a certificate of training attesting to successful completion of the course may enlist at any time at pay grade PFC.  

12.  Subparagraph 2-18a(9) states that applicants who have successfully completed a degree-producing college program of 4 years duration and the college or university is listed in the AIPE (Accredited Institutions of Post-secondary Education) may enlist at any time at pay grade specialist (SPC).  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.  

13.  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 must have occurred prior to date or enlistment in the RA or entry on IADT (Initial Active Duty for Training) for AR (Army Reserve). Effective date and date of rank for Soldiers who lacked documentation at time of enlistment will be the effective date of promotion by the unit commander.  No retroactive adjustment is authorized and each applicant will be advised that failure to produce documents before enlistment or after time frame above will cause them to forfeit entitlement to this incentive.  The promotion will be for the grade the Soldier is qualified for at time of enlistment.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's enlistment contract clearly shows that he enlisted in the Regular Army in pay grade of E-3 on 15 May 2006.  His reservation report indicates that he had earned 48 or more college semester hours or was awarded an Associate Degree.  

2.  The applicant provided documentation which shows that he attended the Pittsburgh Technical Institute and was awarded an Associate Degree in Specialized Technology on 1 July 1999.  He had completed 101 credit hours which entitled him to enlist in pay grade E-3.

3.  The applicant claims that his recruiter did not request his transcripts from college which shows that he completed a total of 101 credit hours of undergraduate credit.  It is noted that it was not the recruiter's responsibility to request transcripts.  

4.  The applicant was entitled to submit documentation to his personnel officer within 6 months of his enlistment for advancement to a higher pay grade than    E-3; however, there is no evidence and the applicant has provided none, to show that he did so.  He was later promoted to SPC/E-4 with a DOR and effective date of 1 March 2008.

5.  In accordance with the applicable regulation, Soldiers who lack documentation required for advanced promotion at the time of their enlistment  and who provide documentation after the required timeframe will have their effective date and DOR established by the unit commander.  Failure to produce documents before enlistment or after the required timeframe will cause forfeiture of entitlement to this enlistment incentive.  Retroactive adjustments are not authorized and promotion will be for the grade the Soldier was qualified for at the time of their enlistment.

6.  Based on the foregoing, the applicant is not entitled to an adjustment of his DOR and effective date for promotion to SPC/E-4 from 1 March 2008 to 15 May 2006, the date of his enlistment in the Regular Army.

7.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this  requirement.

8.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x_____  ____x___  ____x____  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.




      _______ _   _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080008656



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ABCMR Record of Proceedings (cont)                                         AR20080008656



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