IN THE CASE OF:  	  

		BOARD DATE:  2 June 2015	  

		DOCKET NUMBER:  AR20140015952 


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 records to show he entered the U.S. Army with a college degree and was authorized enlistment in the rank of corporal (CPL)/pay grade E-4 (or higher) and payment of all back pay due as a result of the correction.

2.  The applicant states that he successfully completed four (4) years of college and was awarded a Bachelor of Arts (BA) degree from Huston-Tillotson College on 7 May 1973.  He states that based on his educational credentials he should have been enlisted in grade E-4; however, he was enlisted in the rank of private first class (PFC)/pay grade E-3.

3.  The applicant provides copies of his DD Form 214 (Report of Separation from Active Duty), along with his Huston-Tillotson College transcripts and BA degree.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  A DD Form 1966 (Application for Enlistment – Armed Forces of the United States), prepared and certified by the applicant on 23 July 1975, shows in:

* Section III (Verification of Personal Data), item 24 (Education), he graduated and received a BA degree from Huston-Tillotson College, Austin, TX, in May 1973
* Section IV (Other Background Data), item 41 (Remarks), the entry, "Reference VII [Enlistment Options], enlisted in grade E-3 per Table 2-5, Rule E3, Army Regulation 601-210 [Regular Army Enlistment Program]"
* Section VII (Enlistment Options), in pertinent part:
 
* Grade/Rate:  "E3"
* Date of Rank (DOR):  "28 July 1975"

3.  The applicant's DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows he enlisted in the U.S. Army on 28 July 1975 for a period of 3 years.  It also shows in Section II (Agreements), item 10, "Initial Service is to be in the pay grade of 'E-3'."  The applicant, service representative, and enlisting officer placed their signatures on the document on 28 July 1975.

4.  On 18 August 1975, the applicant's commander notified him that he was initiating action to discharge him from the U.S. Army under the provisions of Department of the Army message, date-time-group 011510Z August 1973, subject:  Evaluation and Discharge of Enlistees Before 180 Active Duty Days.

   a.  The applicant acknowledged notification of the proposed discharge action, he declined the opportunity to have counsel assist him in explaining the discharge procedures, and he elected not to make a statement or submit a rebuttal in his behalf.

   b.  His immediate and intermediate commanders recommended approval of the proposed separation action.

5.  On 25 August 1975, the separation authority approved the applicant's discharge and directed that he be issued an Honorable Discharge Certificate.


6.  The applicant's DD Form 214 shows he was honorably discharged on 
29 August 1975.  He had completed 1 month and 2 days of net active service this period.  It also shows in –

* item 6a (Grade, Rate or Rank):  "PFC"
* item 6b (Pay Grade):  "E-3"
* item 7 (DOR):  "75  07  28" (28 July 1975)
* item 20 (Highest Education Level Successfully Completed – In Years):  Secondary/High School "12" Years, College "3" Years

7.  A review of the applicant's military personnel records failed to reveal any evidence that he was enlisted in grade E-4 or advanced/promoted to grade E-4.

8.  In support of his application the applicant provides copies of his Huston-Tillotson College transcripts and BA degree that show he was awarded a BA degree in Business Administration on 7 May 1973.

9.  Army Regulation 601-210, in effect at the time of the applicant's enlistment, governed enlistment procedures and options.  Chapter 4 (Basic Qualifications for Enlistment in the Regular Army), Table 2-5 (Enlistment Pay Grades for Personnel without Prior Service), Rule E3 shows that if an applicant has successfully completed an accredited degree-producing college program of 4 years duration (degree is required), and enlists at any time, the entry pay grade is E-3 with advancement to E-4 after 4 months of active military service and recommendation by the unit commander.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

   a.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.
   
   b.  Chapter 2 contains guidance on the preparation of the DD Form 214. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  The instructions show for:

* item 6a and item 6b, enter grade and pay grade at time of separation
* item 7, enter DOR for grade shown in item 6a
* item 20, include education completed in military service as well as education completed prior to service

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military service records should be corrected to show he enlisted with a college degree and was authorized enlistment in the grade of E-4 (or higher), and payment of all back pay due as a result of the correction.

2.  The evidence of record shows that individuals holding a BA degree prior to their enlistment in the U.S. Army were authorized enlistment in grade E-3 with advancement to E-4 after 4 months of active service contingent upon a recommendation by the unit commander.

3.  Records show that at the time of his enlistment in the U.S. Army the applicant was granted credit for being a college graduate with a BA degree.  As a result, he was authorized enlistment in the U.S. Army in grade E-3.

   a.  There is no evidence of record and the applicant provides insufficient evidence to show that he was authorized or entitled to enlist in the U.S. Army in grade E-4 based on the education level he had attained at the time.

   b.  The evidence of record shows the applicant was discharged in the grade of E-3 approximately 1 month after he entered the U.S. Army.

   c.  There is no evidence of record that shows he was recommended for advancement, advanced, or promoted to grade E-4 during the very short period of time he was on active duty.

   d.  Thus, there is an insufficient evidentiary basis for correcting the applicant's records to show he was enlisted in the grade of E-4 and/or that he was discharged in grade E-4.

4.  Item 20 of the applicant's DD Form 214 shows he completed 3 years of college.  Therefore, it would be appropriate to correct the entry to show he completed 4 years of college.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 20 of his DD Form 214 the entry "3" and adding the entry "4."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to grade E-4 and payment of back pay.  




      __________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)                                         AR20140015952



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ABCMR Record of Proceedings (cont)                                         AR20140015952



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