BOARD DATE: 14 August 2012
DOCKET NUMBER: AR20120007227
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 his enlistment contract be corrected to show his entry pay grade as E-4.
2. The applicant states he completed his bachelor's degree prior to enlisting in the Regular Army but his recruiter failed to include this information with his file. This error resulted in him receiving the pay grade of E-3. He tried unsuccessfully to resolve this issue during basic training and advanced individual training.
3. The applicant provides a letter of support, his college transcript (student copy), and his DD Form 4/1-4/3 (Enlistment/Reenlistment Document-Armed Forces of the United States).
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty.
2. His DD Form 4/3, Section G (Approval and Acceptance by Service Representative), certifies he enlisted in the Regular Army in pay grade E-3 on
15 February 2011.
3. In connection with the processing of this case, an advisory opinion was received from the Chief, Recruiting Policy Branch recommending relief. This document states the applicant was correctly enlisted onto active duty in the grade E-3 because the college transcript reflected in his enlistment records was a student copy that did not reflect degree completion. However, official transcripts submitted with this action (not provided to the Board or filed on his official military personnel file) shows he was awarded a Bachelor of Science Degree in August 2010, which was prior to his date of enlistment. This transcript should have been obtained by recruiting personnel prior to the applicant's entry on active duty.
4. Based on current policy outlined in Army Regulation 601-210 (Active and Reserve Components Enlistment Program), chapter 2, individuals having 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 the individual has been awarded a bachelor degree or higher may enlist at any time in pay grade E-4.
5. The applicant provides a student copy of his transcripts from the University of Puerto Rico, Mayaguez, Puerto Rico with a certification date of 18 August 2010. The transcript shows he completed his bachelor's degree in Biology in August 2010. In addition, he provides a letter of support from his company commander.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his enlistment contract be corrected to show his entry pay grade as E-4.
2. The evidence shows he was properly enlisted in the Regular Army in pay grade E-3. However, subsequent to his enlistment, he provided official college transcripts to the Recruiting Policy Branch which showed he completed his bachelor's degree prior to entering the Army; therefore, based on regulatory guidance and as a matter of equity his record should be corrected to show he enlisted in pay grade E-4.
3. In view of the foregoing, his request should be granted.
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 the DD Form 4/1-4/3 to show he enlisted in the U.S. Army in pay grade E-4 on 15 February 2011. Further, his military pay records should be audited by the Defense Finance and Accounting Service and he should be provided the difference in pay and allowances and all other benefits that may be due him.
_______ _ 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.
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