IN THE CASE OF:
BOARD DATE: 24 MARCH 2009
DOCKET NUMBER: AR20080016789
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 enlistment contract be corrected to show that his initial rank at the time of enlistment was specialist/pay grade E-4.
2. The applicant states he obtained his four year degree from Texas A&M University. The applicant continues that when he signed his contract he had his transcript, but he did not have his diploma. The applicant contends that the recruiter told him that everything would be corrected upon receiving a copy of his diploma. He concludes that the recruiter noted this in his contract.
3. The applicant provides his DD Form 1996/1-6 (Record of Military Processing - Armed Forces of the United States); a copy of his transcript from Texas A&M University, dated 3 July 2008; and a copy of his diploma, dated 15 December 2007 in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 24 May 2007 for a period of 8 years. At that time he provided a copy of his college transcript as proof of education. He was discharged from the DEP on 5 July 2007 and enlisted in the Regular Army on 6 July 2007 for a period of 5 years in the rank/grade of private first class (PFC)/E-3.
2. The applicant completed his degree requirements at the end of the Spring Semester 2007 and his college degree was conferred on 15 December
2007.
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 (USAHRC), Alexandria, VA, dated 5 January 2009. The author stated that the applicant must have provided proof of college education within 6 months of enlistment in accordance with Army Regulation 601-210 [Active and Reserve Components Enlistment Program], paragraph 2-18a(16)c. The effective date and date of rank for Soldiers who lacked documentation at the time of enlistment will be the effective date of promotion by the unit commander. No retroactive adjustment is authorized if no supporting documents were provided within the time frame shown above. The recommendation is that the applicants request for an adjustment of his rank to specialist be denied.
4. A copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit a rebuttal.
5. On 28 January 2009, the applicant provided a rebuttal in which he stated that he did not concur with the advisory opinion and he indicated that his enlistment contract documents proof of his college education. He further submits a 2-page self-authored document in support of his rebuttal.
6. Army Regulation 601-210 (Active and Reserve Components Enlistment Program), paragraph 2-18a(9), provides that a Soldier who successfully completes a degree-producing college program of four years duration and the college or university is listed in the AIPE [accredited institutions of postsecondary education] and has been awarded a bachelor degree or higher may enlist at any time at pay grade E-4. Advanced promotion is authorized if a 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.
DISCUSSION AND CONCLUSIONS:
1. The available records show the applicant enlisted in the Regular Army on
6 July 2007 in the rank of PFC/E-3.
2. The applicant provided the recruiter a copy of his transcript from Texas A&M University upon entering the DEP on 24 May 2007. Although the applicant did not provide a letter from his college indicating he met his degree requirement, his transcript was provided at the time of his enlistment and his degree was conferred within 6 months of his enlistment. Notwithstanding the USAHRC advisory opinion, it would be appropriate to correct his enlistment contract to show he enlisted in the Regular Army on 6 July 2007 in the rank of specialist/pay grade E-4.
3. Additionally, the Defense Finance and Accounting Service should audit the applicants pay records and provide him any pay and allowances due as a result of this correction.
BOARD VOTE:
___X_____ ____X____ ____X____ 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 by amending his enlistment contract to show his entry grade as specialist/pay grade E-4 and that he be paid all back pay and allowances due as a result of this correction.
__________XXX_____________
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) AR20080016789
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ABCMR Record of Proceedings (cont) AR20080016789
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