IN THE CASE OF:
BOARD DATE: 9 July 2009
DOCKET NUMBER: AR20090004992
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, correction of his enlistment contract to show he enlisted in pay grade E-4/specialist. He also requests that his Enlisted Record Brief (ERB) be updated to show his civilian education and military awards.
2. The applicant states, in effect, that he earned a Bachelor of Science degree in 2003 and that when he enlisted in the Regular Army in June 2008 he should have been enlisted in pay grade E-4 in accordance with Army Regulation
601-210 (Active and Reserve Components Enlistment Program). He contends that his ERB should reflect his civilian education and the awards he earned during his prior service in the U.S. Marine Corps.
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) from the U.S. Marine Corps, an official college transcript, his enlistment contract, a college diploma, and an NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was awarded a Bachelor of Science degree on 19 December 2003.
2. The applicant's DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted in the Regular Army on 26 June 2008 for 3 years and 13 weeks in pay grade E-3.
3. In the processing of this case, a staff advisory opinion was obtained from the Chief, Force Alignment Division, U.S. Army Human Resources Command. That office recommends approval of the applicants request based on the enlistment guidance in paragraph 2-18a(9) of Army Regulation 601-210 and the applicants supporting documentation. That office also recommends that the applicant coordinate with his servicing Military Personnel Directorate to update his ERB.
4. A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. The applicant did not respond within the given time frame.
5. Paragraph 2-18a(9) of Army Regulation 601-210 states that an applicant who has successfully completed a degree producing college program of 4 years in duration and the college or university is listed in the Accredited Institutions of Post-secondary Education and has been awarded a bachelor's degree or higher may enlist at any time in pay grade E-4/specialist.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the Regular Army on 26 June 2008 in pay grade E-3. Since the applicant was awarded a Bachelor of Science degree in 2003, and the governing regulation states that a Soldier who has completed a degree producing college program of 4 years and has been awarded a bachelor's degree may enlist at pay grade E-4, it would be equitable to correct the applicant's enlistment contract to show he enlisted on 26 June 2008 for a period of 3 years and 13 weeks in pay grade E-4.
2. The applicant's request to update his ERB was noted. However, per the advisory opinion, the applicant should coordinate with his servicing Military Personnel Directorate to update his ERB.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X__ ___X____ 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 partial relief. As a result, the Board recommends that the DD Form 4, dated 26 June 2008, of the individual concerned be corrected to show he enlisted in pay grade E-4 and that he be paid any back pay and allowances due as a result of this correction.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his ERB.
___________X______________
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.
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