IN THE CASE OF:
BOARD DATE: 12 February 2014
DOCKET NUMBER: AR20140002567
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, the spouse of a deceased former service member (FSM), requests correction of his records to show he enlisted in the Regular Army in the rank/grade of specialist (SPC)/E-4 vice private first class (PFC)/E-3.
2. The applicant states the FSM entered the Army with a bachelor's degree and he provided his college degree and transcripts to his recruiters, the Military Entrance Processing Station (MEPS), and his chain of command during basic combat and advanced individual training. He consistently pointed out the error in his contract and he provided proof on several occasions. He passed away prior to resolving this error.
3. The applicant provides:
* FSM's Enlisted Record Brief
* FSM's DD Form 93 (Record of Emergency Data)
* FSM's SGLV Form 8286 (Servicemember's Group Life Insurance Election and Certificate)
* FSM's Army Continuing Education System memorandum
* FSM's college transcripts and diploma
* FSM's certificate of birth
* FSM's DD Form 4 (Enlistment/Reenlistment Document)
CONSIDERATION OF EVIDENCE:
1. The FSM's records show he attended Tiffin University and graduated with a Bachelor of Criminal Justice degree on 4 May 2013. Tiffin University is an accredited degree-granting college or university and is listed in the 2010/2011 Accredited Institutions of Post-secondary Education (AIPE) directory.
2. He enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) on 27 March 2013. His DD Form 4 listed his enlistment grade as E-3. He was discharged from the DEP on 6 May 2013 for immediate enlistment in the Regular Army. He enlisted in the Regular Army for 5 years on 7 May 2013.
3. Section VI (Remarks) of the FSM's DD Form 1966 (Record of Military Processing) shows the remarks "DEP and ACC [Active Component] Pay Grade Authority): IAW [in accordance with] AR 601-210 Ch 2-18,a,(7) [Army Regulation 601-210 (Active and Reserve Components Enlistment Program), paragraph
2-18a(7)], E-3 (48) or more semester hrs, 72 or more qtr hrs."
4. He completed basic combat training at Fort Jackson, SC. He also completed advanced individual training in Monterey, CA, and he was awarded military occupational specialty 35P (Cryptologic Linguist).
5. On 1 August 2013, the Army Education Center, U.S. Army Garrison, Presidio of Monterey, CA, conducted an assessment of the FSM's civilian education credentials. An official verified that after all quarter hours and clock hours had been converted to semester hours and that the FSM had completed 130 total non-duplicated post-secondary credits.
6. The FSM is recently deceased.
7. Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service into the Regular Army, U.S. Army Reserve, and Army National Guard. Paragraph 2-18 (Enlistment Pay Grade for Personnel Without Prior Service) states persons enlisting in the Regular Army without prior service will be enlisted in pay grade private/E-1 (PV1). Exceptions are as follows:
a. An applicant who has successfully completed 48 or more classroom semester hours (72 or more quarter hours) (without a 4-year degree) at an accredited degree granting college or university listed in the AIPE may enlist at any time at pay grade PFC. Applicants with an associate degree will be enlisted at pay grade PFC without regard to the number of semester or quarter hours completed.
b. An applicant who has successfully completed a degree-producing college program of 4 years in duration and the college or university is listed in the AIPE and has been awarded a bachelor's degree or higher may enlist at any time at pay grade SPC/E-4. 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the FSM enlisted in the DEP on 27 March 2013. At that time, he had not yet been awarded his bachelor's degree. Since he had successfully completed 48 or more classroom semester hours (72 or more quarter hours) (without a 4-year degree) at an accredited degree-granting college or university at that time, his recruiter correctly enlisted him in the rank/grade of PFC/E-3.
2. However, the FSM was awarded his 4-year college degree on 4 May 2013 and he enlisted in the Regular Army on 7 May 2013. Since he successfully completed a degree-producing college program of 4 years in duration from an accredited college or university and was awarded a bachelor's degree or higher, he should have been enlisted in the rank/pay grade of SPC/E-4.
3. The FSM is entitled to correction of his enlistment contract to show he enlisted in the rank/pay grade of SPC/E-4 with entitlement to back pay and allowances.
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:
* correcting the FSM's DD Form 4 and allied documents, dated 27 March 2013, to show his enlistment grade as E-4
* paying his estate back pay and allowances at the pay grade of E-4 from the date of his entry on active duty to the date of his death
_______ _ 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) AR20140002567
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ABCMR Record of Proceedings (cont) AR20140002567
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