IN THE CASE OF:	  

		BOARD DATE:	  6 March 2015

		DOCKET NUMBER:  AR20140016222 


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 her enlistment contract be corrected to show she enlisted in pay grade E-4 instead of pay grade E-3.

2.  She states she met all the requirements for enlistment in the U.S. Army in pay grade E-4; however, she entered in the grade of E-3.  She added that the U.S. Army Recruiting Command (USAREC) Inspector General (IG) determined a mistake was made by the command at the time of her entry on active duty.  She explains that she enlisted in the Delayed Entry Program (DEP) prior to graduating from the University of Hawaii with a bachelor of arts (BA) degree on 
15 December 2012.  She states she entered active duty on 23 January 2013.

3.  She provides:

* Self-authored statement
* DA Form 1559 (IG Action Request)
* University of Hawaii BA certificate with transcript
* Email
* Excerpts from Army Regulation 601-210 (Active and Reserve Components Enlistment Program)
* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* USAREC Form 1137 (Future Soldier (FS) Pre-Execution Checklist), dated 23 January 2013
* Enlisted Record Brief
* University of Hawaii Registrar's office letter, dated 15 December 2012
CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 1966 (Record of Military Processing – Armed Forces of the United States), dated 2 August 2012, shows in:

	a.  Section II (Examination and Entrance Data Processing Codes):

		(1)  item 17i (DEP Enlistment Data – Pay Grade) the entry "E03"; and

		(2)  item 18g (Accession Data – Pay Grade) the entry "E03."

	b.  Section III (Other Personal Data) that she graduated from high school and she was attending college, but had not graduated; and

	c.  Section VI (Remarks), in pertinent part, "DEP and ACC Pay Grade Authority:  in accordance with Army Regulation 601-210, paragraph 2-18a(7), Pay Grade E-3, 48 or more semester hours or 72 or more quarter hours."

2.  The applicant's DD Form 4 shows on 2 August 2012, she enlisted in the U.S. Army Reserve (USAR) for a period of 8 years in pay grade E-3.  This document also shows on 23 January 2013, she was discharged from the USAR to enlist in the Regular Army for a period of 3 years and 38 weeks in pay grade E-3.

3.  In support of her application, the applicant provides the following documents:

   a.  The University of Hawaii at Manoa BA Diploma, dated 15 December 2012, with a transcript that verifies she earned over 135 hours and was awarded a BA degree.

   b.  A DA Form 1559, dated 18 April 2014, which shows the applicant requested the IG's assistance in correcting her entry grade from E-3 to E-4.
   
	c.  In an email from the USAREC IG to the Brigade Career Counselor and the applicant, dated between July 24 and 12 August 2014, the IG stated that in accordance with Army Regulation 601-210 she should have been accessed in the active duty Army in the grade of E-4.  He said that personnel assigned to USAREC failed to complete her enlistment application properly and failed to obtain the necessary documentation to promote her.  He further stated that the Soldier's avenue for redress was to present matters to the Army Board for Correction of Military Records.

	d.  Section VII (FS Assessment Summary) of USAREC Form 1137 states "[Applicant] has been an outstanding FS.  She is familiar with the 7 Army Values. While in the FSTP (Training Program) she received her Bachelor's Degree from the University of Manoa."

4.  In the processing of this case, an advisory opinion was obtained from the Chief, Department of the Army Promotions, U.S. Army Human Resources Command (HRC).  The representative recommended approval of the applicant's request.  He stated the records available indicated the applicant graduated from the University of Hawaii at Manoa on 15 December 2012.  On USAREC Form 1137, page 3, dated 23 January 2013, the Station Commander said the applicant received her Bachelor's Degree.  The representative further stated the applicant met the criteria in accordance with Army Regulation 601-210.

5.  The applicant was provided a copy of the advisory opinion in order to have the opportunity to respond; however, a response was not received.

6.  Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service, in the Regular Army and USAR.

	a.  Paragraph 2-18 (Enlistment Pay Grades for Personnel Without Prior Service) provides 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 at pay grade E-4 (specialist).  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.

	b.  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.

	c.  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 evidence of record shows at the time the applicant enlisted in the DEP on 2 August 2012, she had not completed her BA.  However, she was awarded a BA degree on 15 December 2012.

2.  The record further shows that based on her educational credentials at the time of her entry on active duty on 23 January 2013, she was eligible to enlist in the Regular Army in pay grade E-4.  However, it appears that due to her enlistment in the DEP and her subsequent completion of her BA degree, her records were never corrected to account for her BA degree. As a result, the applicant was enlisted in the Regular Army in pay grade E-3.

3.  As cited in Army Regulation 601-210 and confirmed by HRC, the applicant successfully completed a 4 year degree and was awarded a BA.  Therefore, in view of the facts of this case, and as a matter of equity, it would be appropriate to correct her enlistment contract to show she entered active duty in the Regular Army on 23 January 2013 in pay grade E-4.

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:
   
a.  showing the applicant enlisted in the Regular Army on 23 January 2013 in pay grade E-4; and
   
   b.  paying her all back pay and allowances 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)                                         AR20140016222



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140016222



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1