IN THE CASE OF:
BOARD DATE: 18 September 2012
DOCKET NUMBER: AR20120008996
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 by changing his pay grade to E-4.
2. He states he was told by his recruiter he could enlist in the Army in the rank/grade of specialist (SPC)/E-4 based on having a bachelor's degree. He maintains his recruiter told him that all his paperwork was "good to go," but when he got to the Military Entrance Processing Station (MEPS) he was told his recruiter did not include his college diploma. Therefore, his grade of E-4 could not be honored based on the absence of his bachelor's degree. Additionally, he states he was pressured into signing the contract prior to the diploma being produced based upon fear of losing his selected military occupational specialty. He states he was told that his enlistment grade could be corrected at his basic training unit. He offers he ordered his transcript and turned the transcript in to his S-1 section in basic training, but was told it had to be submitted to the MEPS by the recruiter. He again attempted to resolve the promotion issue at his advanced individual training unit to no avail.
3. The applicant provides the following:
* sworn statement, dated 30 April 2012
* memorandum, dated 16 April 2012, subject: Official Records Verified
* transcript from the Universidad Interamericana de Puerto Rico, dated 11 August 2011
* assessment
CONSIDERATION OF EVIDENCE:
1. The applicant's DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted in the Regular Army (RA) in pay grade E-3 on 28 April 2010.
2. The transcript from the Universidad Interamericana de Puerto Rico, dated 11 August 2011, shows the applicant was awarded a Bachelor of Arts Degree on 29 May 2010. It further shows he had a total of 127 semester hours.
3. Information provided by the Army Education Center stated an education center assessment of the applicant's transcript was conducted on 24 October 2011. An education counselor said all educational institutions were accredited by accrediting agencies recognized by the U.S. Department of Education. He stated the applicant had attended 118 semester hours with the Interamerican University of Puerto Rico and 9 semester hours with the University of Puerto Rico-Ponce.
4. In a memorandum, dated 16 April 2012, subject: Official Records Verified, the applicant's commander stated he verified the applicant should have been enlisted into the U.S. Army as an SPC/E-4. He further stated the applicant's bachelor's degree was completed by an accredited university recognized by the U.S. Army before signing his enlistment.
5. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) paragraph 2-18, provides the enlistment pay grades for personnel without prior service. The regulation states 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 in pay grade E-4. Advanced promotion is also 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's Bachelor of Arts degree was conferred on 29 May 2010. He enlisted in the RA on 28 April 2010. Therefore, it is reasonable to assume he had completed all the necessary courses for the award of the bachelor's degree prior to enlisting in the RA.
2. As cited in the above regulation, an applicant who successfully completes a
4-year accredited institution of postsecondary education and has been awarded a bachelor's degree or higher may enlist at any time in pay grade E-4. Advanced promotion is also authorized if the college or university provides a letter stating the applicant met all requirements for a degree, but it will not be awarded until the commencement ceremony. Therefore, in the interest of equity, it would be appropriate to correct his records to show he enlisted in the RA in the rank/grade of SPC/E-4.
BOARD VOTE:
___X____ ____X __ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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:
a. amending his DD Form 4 to reflect his initial entry pay grade as "E-4" and
b. paying him any pay and allowances to which he is entitled 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) AR20120008996
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ABCMR Record of Proceedings (cont) AR20120008996
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