IN THE CASE OF:	  

		BOARD DATE:	  28 August 2012

		DOCKET NUMBER:  AR20120005812 


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 military service records to show his specialist (SPC)/E-4 effective date and date of rank (DOR) of 24 May 2011 instead of 26 July 2011.

2.  The applicant states he was issued his Bachelor of Science diploma prior to his departure for basic training in May 2011.  He received his college transcripts in July 2011 and submitted them accordingly.

3.  The applicant provides:

* his Enlisted Record Brief (ERB)
* a DA Form 4187 (Personnel Action), dated 26 July 2011
* his college transcripts from Indiana University, IN, issued on 8 June 2011

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty at Fort Benning, GA.

2.  A DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 5 October 2010, shows the applicant enlisted in the U.S. 
Army Reserve (USAR) Delayed Entry Program (DEP) on 5 October 2010 for a 
period of 8 years.  



3.  The applicant was awarded a Bachelor of Science Degree in Criminology and Criminal Justice on 7 May 2011 from Indiana University, Terre Haute IN.  

4.  On 23 May 2011, the applicant was discharged from the DEP for the purpose of enlisting in the Regular Army (RA).  

5.  A DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 24 May 2011, shows the applicant enlisted in the RA on 24 May 2011 for a 3-year term of service, in the rank of private first class (PFC)/E-3 with an effective date and DOR of 24 May 2011.  

6.  The below listed documents show the applicant entered active on 24 May 2011:

* DD Form1966 Record of Military Proceeding – Armed Forces of the United States
* DA Form 3286 (Statement for Enlistment U.S. Army Delayed Entry Program)
* Enlisted Record Brief (ERB)

7.  The college transcripts were issued on 8 June 2011.

8.  During the processing of this case, an advisory opinion was obtained from the Chief, Department of the Army Promotions, U.S. Army Human Resources Command (USAHRC).  The official recommended disapproval of the applicant's request to change his DOR to 24 May 2011 instead of 26 July 2011.  The official stated "In accordance with Army Regulation 601-210 Chapter 2, paragraph 2-18 a (16) (c), no retroactive adjustments are authorized.  According to the DD Form 149 that Specialist E_______ signed, he did not receive his college transcript until July 2011.  His DA Form 4187 for promotion to Specialist has an effective date and date of rank of 26 July 2011."  

9.  The applicant stated in his rebuttal to the advisory opinion that he read Army Regulation 601-210, paragraph 2-18 titled "Enlistment Grades for Personnel without Prior Service.  The regulation also states that a letter from the Dean of the school is sufficient for advancement to SPC (which the Dean submitted to the recruiter).  The applicant continues that specialist rank can be backdated to the original time of entry if the Soldier lacks the transcripts as long as they are received within 6 months



10.  Army Regulation 601-210 (Active Duty and Reserve Component Program) states the applicant must provide documentation to support enlistment in higher pay grade.  The effective date and DOR for Soldiers who lacked documentation at 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 time frames above 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.

11.  Army Regulation 601-210 further states an applicant who successfully completed a degree-producing college program of 4 years duration and the college or university is listed in the AIPE and has been awarded a bachelor degree or higher may enlist at any time at pay grade SPC.  Advanced promotion is authorized if 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.  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.  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’s request to adjust his effective date and DOR to 24 May 2011 instead of 26 July 2011 was carefully considered and it was determined there is sufficient evidence to support his request.

2.  Although USAHRC recommended denial, evidence of record shows that based on the applicant's 7 May 2011 Bachelor of Science degree, at the time of his entry on active duty on 24 May 2011 he was eligible to enlist in the RA in pay grade E-4.  However, it is likely that due to time constraints his official college transcripts were not readily available 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.  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.  

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 enlisted in the RA on 24 May 2011 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 RA on 24 May 2011 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)                                         AR20120005812



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ABCMR Record of Proceedings (cont)                                         AR20120005812



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