BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100026867 


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 that his enlistment contract be corrected to show he enlisted in pay grade E-4 instead of pay grade E-3.

2.  The applicant states his enlistment contract erroneously shows he enlisted in the Regular Component of the U.S. Army in pay grade E-3.

	a.  He states he graduated from a 4-year university with a bachelor's degree on 18 December 2009 and entered active duty on 4 January 2010.

	b.  He was aware of the Army regulatory guidance that requires the completion of a 4-year degree or higher from an accredited college or university in order to enlist in pay grade E-4.  He adds that the guidance allows for the college or university to provide a letter stating the applicant met all the requirements for a degree, but the degree will not be awarded until the commencement ceremony.

	c.  Due to time constraints, he was unable to provide a copy of his official transcripts at the time of his entry on active duty.  He provided a letter from his college of his anticipated degree, but was told it was insufficient to authorize his enlistment in the grade of E-4 and that he could appeal his case once he received his official transcripts or diploma.  However, when he provided the documents to his unit, his request for advancement to E-4 was denied.

3.  The applicant provides an extract from Army Regulation 601-210 (Active and Reserve Components Enlistment Program), his college transcripts, and two letters.

CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 1966 (Record of Military Processing – Armed Forces of the United States), dated 12 September 2009, shows in:

	a.  Section II (Examination and Entrance Data Processing Codes):

		(1)  item 17i (Delayed Entry Program (DEP) Enlistment Data – Pay Grade) the entry "E03" and

		(2)  item 18g (Accession Data – Pay Grade) the entry "E03";

	b.  Section III (Other Personnel Data) that he graduated from high school and he was attending college, but had not graduated; and

	c.  Section VI (Remarks), in pertinent part, "DEP and ACC Pay Grade Authority:  in accordance with Army Regulation 601-210, paragraph 2-18a(7), Pay Grade E-3, 48 or more semester hours or 72 or more quarter hours."

2.  The applicant's DA Form 3286 (Statement for Enlistment – United States Army Enlistment Program – U.S. Army Delayed Enlistment Program), dated 12 September 2009, shows the applicant enlisted in the Regular Army under the provisions of Army Regulation 601-210 for the U.S. Army Incentive Enlistment Program – U.S. Army High Grad Bonus (30-59 Semester Hours).

3.  The applicant's DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows that on 12 September 2009 he enlisted in the U.S. Army Reserve (USAR) for a period of 8 years in pay grade E-3.  This document also shows that on 3 January 2010 he requested discharge from the USAR to enlist in the Regular Army on 4 January 2010 for a period of 4 years and 17 weeks in pay grade E-3.

4.  In support of his application, the applicant provides the following documents:

	a.  California State University San Marcos Veterans Center memorandum, dated 21 December 2009, that shows the Veterans Coordinator verified the applicant would receive his Bachelor of Arts degree in Sociology on 19 December 2009 contingent upon successful completion of his final courses taken in the Fall 2009 semester.

	b.  California State University San Marcos Office of Enrollment Management Services Operations/Registrar memorandum, dated 27 September 2010, that shows the Graduation Evaluator verified the applicant earned his Bachelor of Arts degree in Sociology on 19 December 2009 from the university.

	c.  California State University San Marcos Official Transcript, dated 18 August 2010, that shows a Bachelor of Arts degree in Sociology was conferred upon the applicant on 19 December 2009.

5.  In the processing of this case, an advisory opinion was obtained from the Chief, Recruiting Policy Branch, Office of the Deputy Chief of Staff (DCS), G-1, Headquarters, Department of the Army.  It shows that after review it was discovered that when the applicant enlisted in the Regular Army on 4 January 2010 he did not have an official copy of his college transcripts or college degree in his possession and he was enlisted in grade E-3.

	a.  The applicant's "ship date" to active duty was close to his date of entry in the DEP, which made it difficult to acquire his official transcripts prior to his departure for basic training.

	b.  The applicant's bachelor's degree was conferred upon him prior to his entry on active duty.

	c.  The applicant indicates that numerous efforts to correct his entry grade have been unsuccessful.

	d.  Army policy states that new enlistees have up to 6 months after entry on active duty to present their official transcripts to their personnel officer to ensure they receive their advancement in rank.

	e.  Based on the review, the DCS G-1 advisory official recommends the applicant be granted administrative relief in this case and that his pay grade be changed to E-4 effective the date of his entry on active duty.

6.  The applicant was provided a copy of the DCS G-1 advisory opinion in order to have the opportunity to respond; however, a response was not received.

7.  Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and USAR.

	a.  Paragraph 2-18 (Enlistment Pay Grades for Personnel Without Prior Service) provides that an applicant who has successfully completed a degree-producing college program of 4 years duration and the college or university is listed in the Accredited Institutions of Postsecondary Education and has been awarded a bachelor's degree or higher, may enlist at any time at pay grade E-4 (specialist).  Advanced promotion is authorized if the 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.

	b.  Paragraph 2-19 (Verification Requirements for Enlistment in Higher Grade) provides that the applicant must provide documentation to support enlistment in the higher pay grade.

	c.  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 the appropriate promotion/reduction action (whichever applies).  Enlistment documents will not be altered to reflect the different grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his pay grade on his enlistment contract is incorrect and should be corrected to show that he enlisted and entered active duty in pay grade E-4.

2.  The evidence of record shows that based on the applicant's educational credentials at the time of his entry on active duty on 4 January 2010 he was eligible to enlist in the Regular Army in pay grade E-4.  However, due to time constraints, official college transcripts were not readily available to substantiate his eligibility to enlist in the Regular Army in pay grade E-4.  As a result, the applicant was enlisted in the Regular Army in pay grade E-3.

3.  The evidence of record indicates that shortly after he entered active duty, the applicant made several attempts to correct the pay grade error by presenting his official college transcripts to Army officials to ensure his advancement in rank.  However, there is no evidence that action was taken to advance the applicant to pay grade E-4 effective 4 January 2010.

4.  In view of the facts of this case, and as a matter of justice, it would be appropriate to correct the applicant's enlistment contract to show he entered active duty in the Regular Army on 4 January 2010 in pay grade E-4.



BOARD VOTE:

____x__  ___x___  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 Regular Army on 4 January 2010 in pay grade E-4.

2.  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.



      __________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)                                         AR20100026867



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100026867



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1