IN THE CASE OF:	  

		BOARD DATE:	  11 October 2011

		DOCKET NUMBER:  AR20100029182 


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 instead of pay grade E-3.

2.  The applicant states he completed his bachelor's degree on 9 May 2010 and entered the U.S. Army in an active duty status on 18 May 2010; however, his college transcripts had not yet been released.  He received his transcripts while at One Station Unit Training (OSUT) and his unit failed to provide him the level of assistance required to get his enlistment pay grade corrected.

3.  The applicant provides copies of his college transcripts.

CONSIDERATION OF EVIDENCE:

1.  A DA Form 3286 (Statement for Enlistment, U.S. Army Enlistment Program, U.S. Army Delayed Enlistment Program (DEP)) shows that in connection with the applicant's enlistment in the Regular Army (RA) he contracted for, in pertinent part, the U.S. Army Incentive Enlistment Program - U.S. Army Higher Grade Bonus (60+ Semester Hours):

   a.  His scheduled enlistment date in the RA was 18 May 2010.

   b.  The applicant and counselor signed the document on 18 September 2009.



2.  The applicant's DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 18 May 2010, shows in:

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

* item 17(i) (DEP Enlistment Data), (Pay Grade) "E03"
* item 18(g) (Accession Data), (Pay Grade) "E03"

	b.  Section III (Other Personnel Data), item 22a (Education), he graduated from high school in May 2004, he had attended Appalachian State University from May 2004, and was presently attending the university; and

	c.  section VI (Remarks) the applicant's DEP and Accession Pay Grade authority was in accordance with Army Regulation 601-210 (Active and Reserve Components Enlistment Program), paragraph 2-18a(7), "pay grade E-3 (48 or more semester hours (72 or more quarter hours)."

3.  The applicant's DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows he enlisted in the RA on 18 May 2010 for a period of 3 years and 19 weeks in pay grade E-3.

4.  The applicant was awarded military occupational specialty 21B (Combat Engineer).

5.  In support of his application, the applicant provides an:

   a.  Appalachian State University, Boone, NC, Student Academic Record, dated 11 August 2010, that shows the applicant earned 163 semester hours through the Fall Semester 2009 with a Grade Point Average of 2.82; and

   b.  Appalachian State University, Bachelor of Science Degree in Technical Photography that shows the degree was conferred on 9 May 2010.

6.  In the processing of this case, an advisory opinion was obtained from the Chief, Operations Management Division, U.S. Army Human Resources Command (USA HRC), Fort Knox, KY:

   a.  A review of the applicant's records revealed the applicant is eligible for immediate promotion to specialist (SPC)/pay grade E-4; and  

   b.  The advisory official stated the appropriate commander should determine the effective date of promotion and retroactively adjust his rank if the applicant can provide substantiating documentation to support his claim that he attempted to have his pay grade corrected within 6 months of enlistment.

7.  On 15 September 2011, the applicant was provided a copy of the advisory opinion in order to have the opportunity to respond to its contents.

8.  On 22 September 2011, the applicant provided three DA Forms 2823 (Sworn Statements) that show, on 21 September 2011:

   a.  Second Lieutenant (2LT) Zachary S. R---- stated he was the applicant's platoon leader in Company A, 1st Brigade Special Troops Battalion (BSTB),
1st Basic Combat Training (BCT), 82nd Airborne Division, Fort Bragg, NC.  During the period from 4-18 November 2010, the applicant, his squad leader, and platoon sergeant met with him to attempt to resolve the issue of the applicant's entry pay grade.  2LT R---- reviewed the supporting documentation and directed the applicant to the company commander for further guidance since he was unfamiliar with the issue.

   b.  Sergeant (SGT) Stephen J. G---- stated he was the applicant's team leader at the time of his arrival in Company A, 1st BSTB, 1st BCT, 82nd Airborne Division, Fort Bragg, in October 2010.  He learned the applicant was a college graduate and questioned why he did not enter the Army in pay grade E-4.  The applicant stated he did not receive his college transcripts until he was at OSUT at Fort Leonard Wood, MO.  He took them to the battalion S-1, but officials there were unable to help him.  He went to the Brigade S-1 and then to the Division 
S-1; but he met with the same results.  SGT G--- added that he began to pursue the matter with his chain of command; but he met with no results.

   c.  SGT James R. M---- stated he accompanied the applicant to the S-1,
1st BSTB, to resolve the issue regarding the applicant's enlistment pay grade; however, they were unable to correct the problem.

9.  Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the RA 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.  (An individual who lacks documentation required for advanced promotion under this paragraph at the time of enlistment may submit supporting documents to the personnel officer within 6 months of enlistment.  Documents must be original, certified, or evaluated as required.)

	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, in effect, that the pay grade on his enlistment contract is incorrect and should be corrected to show 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 when he entered active duty on 18 May 2010, he was eligible to enlist in the RA in pay grade E-4.  However, his official college transcripts were not available at the time to substantiate his eligibility to enlist in the RA in pay grade E-4.  As a result, the applicant was enlisted in the RA in pay grade E-3.

3.  The evidence of record indicates that shortly after the applicant entered active duty (and within 6 months of his entry on active duty), he made several attempts to correct the pay grade error by presenting his official college transcripts to members of his chain of command and administrative officials.  However, his efforts at both his OSUT and first permanent duty station were unsuccessful.

4.  An Army official at the USA HRC confirmed that, based on the applicant's educational credentials, he was eligible for immediate promotion to SPC/E-4 and that retroactive promotion was contingent upon additional substantiating documentation that supports the applicant's contention.

5.  The additional evidence provided by the applicant (in the form of sworn statements by his team leader and platoon leader) are sufficient to support his claim.

6.  Therefore, 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 RA on 18 May 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 18 May 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 pay the applicant all back pay and allowances less any withholdings and/or deductions that are 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)                                         AR20100029182



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ABCMR Record of Proceedings (cont)                                         AR20100029182



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