IN THE CASE OF:
BOARD DATE: 24 June 2010
DOCKET NUMBER: AR20090021599
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 correction of his records to show he enlisted in the rank/grade of specialist (SPC)/E-4 instead of private first class (PFC)/E-3.
2. The applicant states he served in the U.S. Navy (USN) and he was promoted to E-4. As he was exiting the USN, he started processing for the Army but his training was delayed due to paperwork.
3. The applicant provides the following documents:
* A copy of Verification of Military Experience and Training (VMET) printout, dated 29 January 2008
* A copy of a memorandum authorizing him to assume the title and wear the uniform of a Third Class Petty Officer, dated 8 June 2007
* A copy of an undated Summary of Training printout
* A copy of a DD Form 2216E (Hearing Conservation Data), dated 12 February 2008
CONSIDERATION OF EVIDENCE:
1. Having had prior service in the USN, the applicant's records show he enlisted in the Regular Army for a period of 3 years and 14 weeks in the rank/grade of PFC/E-3 on 23 October 2009.
2. Section VI (Remarks) of his DD Form 1966/4 (Statement of Enlistment) shows he previously served in the USN from 7 June 2004 through 6 August 2008. It also shows that his accession grade was authorized by Army Regulation 601-210 (Active and Reserve Components Enlistment Program), paragraph 3-17B(1), E-1 through E-4 current member/within 24 months of separation.
3. He was advanced to SPC/E-4 on 8 March 2010.
4. He submitted the following documents:
* A copy of his VMET printout showing he performed as an E-4, dated
29 January 2009
* A copy of a USN memorandum authorizing him the grade of E-4, dated
8 June 2007
* A copy of his training summary
* A copy of a DD Form 2216-E showing his rank as that of an E-4, dated
12 February 2008
5. In the processing of this case, on 23 April 2010, an advisory opinion was obtained from the Chief, Force Alignment Division, U.S. Army Human Resources Command, Alexandria, VA. The advisory official recommended denial of the applicant's request. At the time of his enlistment, he provided documents to recruiting officials identifying him as an E-3. An error by the USN cannot retroactively affect an Army enlistment contract. His grade at the time of his enlistment was correct. He voluntarily enlisted and accepted the grade of E-3 and he was aware of this upon his enlistment.
6. On 26 April 2010, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
7. Army Regulation 601-210 governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army. Paragraph 2-17 states the authority for enlistment grade must be entered in the Remarks section of the DD Form 1966, to include a statement that the documents used to promote the Soldier have been verified (for example, pay grade E3 authorized per paragraph 218f, by (guidance counselor's name and rank)). Additionally:
a. Paragraph 2-18 provides for enlistment pay grades and states that the effective date and date of rank for Soldiers who lacked documentation at the time of enlistment will be the effective date of the 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 authorized time frames will cause them to forfeit entitlement to this incentive. The promotion will be for the grade the Soldier is qualified for at the time of enlistment.
b Paragraph 2-19 states that applicants must provide documentation to support enlistment in a higher pay grade. Guidance counselors will verify required documents to justify a higher pay grade from an authorized document. After verifying required documents for advanced promotion, the guidance counselor must sign a DA Form 4187 that outlines the promotion authority and the pay grade authorized prior to shipping.
c. Paragraph 3-17 states a higher grade is authorized using paragraph 2-18 if it is more advantageous to the applicant. A higher grade is not authorized for applicants who have been reduced in rank and discharged or a member of a Reserve Component. Term of enlistment will be a minimum of 3 years.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows he enlisted in the Regular Army in the rank/grade of PFC/E-3. At the time he enlisted he was fully aware of his rank/grade and accepted such rank/grade when completing his oath of enlistment. At the time he enlisted he provided sufficient documents to support his enlistment in the rank/grade of PFC/E-3. An error by the USN cannot retroactively affect an Army enlistment contract. Therefore, he is not entitled to the requested relief.
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.
__________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.
ABCMR Record of Proceedings (cont) AR20090021599
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