IN THE CASE OF:	  

		BOARD DATE:	  3 March 2015

		DOCKET NUMBER:  AR20140019338 


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 entry on active duty rank/grade from private first class (PFC)/E-3 to specialist (SPC)/E-4 with an effective date of 31 December 2013.  

2.  The applicant states his rank of entry on active duty should be changed from PFC to SPC with an effective date and date of rank as 31 December 2013.  In accordance with (IAW) Army Regulation (Active and Reserve Components Enlistment Program), paragraph 2-18a(9), successful completion of a degree-producing college program of 4 years duration and the college or universality is listed in the Accredited Institutions of Postsecondary Education (AIPE) and has been awarded a bachelor degree or higher may enlist at any time at pay grade specialist.  The reason he was given PFC instead of SPC was because he did not have a copy of his diploma/transcripts at the time.  He graduated from college on 13 December 2013 and enlisted in the Regular Army on 31 December 2013.

3.  The applicant provides 

* DD Form 4 (Enlistment/Reenlistment Contract-Armed Forces of the United States) 
* DD Form 1966 series (Record of Military Processing)
* Bachelor of Interdisciplinary Studies Certificate dated 20 December 2013
* college transcripts issued 4 February 2014



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) in the rank/grade of PFC/E-3 on 3 September 2013.  He agreed to enlist for 4 years in the Regular Army and ship to training on 31 December 2013.   

2.  He enlisted for the U.S. Army Training Enlistment Option for training in military occupational specialty 68S (Preventive Medicine Specialist).

3.  Item 22 (Education) of his DD Form 1966/2 shows he had been attending Winston-Salem State University from 2009 to the present.  

4.  Section VI (Remarks) of his DD Form 1966/4 shows the entry: 

Winston Salem State University is listed in the Accredited Institutions of Postsecondary Education (AIPE) Enlistment grade is E-3, IAW Army Regulation 601-210, paragraph 2-18(a)(7).  This space will be used for anyone entering the Army at an advanced pay grade.  Applicant graduated with his Bachelor’s Degree on 13 December 2013.  Has not received degree or updated transcript.  Will have it mailed to him as soon as college re-opens.  DEP and ACC (Accession) Pay Grade Authority: (Effective 1 April 2013) lAW Army Regulation 601-210, paragraph           2-18(a)((7) Completed 48 more semester hrs (72 or more quarter hours) E03.

5.  He was discharged from the DEP on 30 December 2013 and subsequently enlisted in the Regular Army for 4 years on 31 December 2013. 

6.  He provides a diploma certificate awarding him a Bachelor of Interdisciplinary Studies on 20 December 2013 together with his college transcripts, issued on 4 February 2014. 

7.  An advisory opinion was received from the Army G-1 on 12 December 2014 in the processing of this case.  An advisory official stated: 

	a.  The applicant was correctly enlisted into the DEP in pay grade E-3 on 3 September 2013.  At time of enlistment, the applicant had not completed the requirements for award of a Bachelor’s Degree.  Although he has proven that his degree was awarded prior to entry onto active duty, when he shipped to training he did not provide recruiting personnel a certified copy of his degree or college transcripts indicating that he had earned a degree.  Therefore, he entered onto active duty in pay grade E-3.   
	b.  Army policy states Soldiers who lack documentation required for advanced promotion at time of enlistment may submit supporting documents to the personnel officer within 6-months of enlistment.  There is no indication that the applicant has tried to correct his pay grade after entry onto active duty. However, history shows that new Soldiers often encounter challenges providing documents of this nature to the personnel officer within 6-months of entry onto active duty, especially when they are in a training environment or after immediate arrival to first assignment.  

	c.  This opinion is based on regulatory guidance outlined in Army Regulation 601-210, chapter 2, as well as the review of the enclosed application and other source documents.  Based on the review above, the Army G-1 office recommends administrative relief in this case.  The applicant should be promoted to pay grade E-4 effective the date he enlisted onto active duty in the Regular Army. 

8.  The applicant was provided with a copy of this advisory opinion but he did not respond. 

DISCUSSION AND CONCLUSIONS:

1.  When the applicant enlisted in the DEP on 3 September 2013, he had not completed his Bachelor degree.  As such, he was correctly enlisted in the DEP in the rank/grade of PFC/E-3.  Although his degree was awarded prior to his entry onto active duty, when he shipped to training he did not provide recruiting personnel a certified copy of his degree or college transcripts indicating that he had earned a degree.  Therefore, he entered onto active duty in pay grade E-3.   

2.  Soldiers who lack documentation required for advanced promotion at time of enlistment may submit supporting documents to the personnel officer within 6 months of their enlistment.  In the applicant’s case, there is no indication that he has tried to correct his pay grade after entry onto active duty.  However, history shows that new Soldiers often encounter challenges providing documents of this nature to the personnel officer within 6 months of entry onto active duty, especially when they are in a training environment or after immediate arrival to their first assignment.  

3.  Although he failed to comply with the regulatory requirements, it is reasonable to presume as a new Soldier, he did not know the regulatory requirements.  Therefore, as a matter of equity, his records should be corrected to show he enlisted in the Regular Army on 31 December 2013 in the rank/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 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 showing that all portions of his 31 December 2013 enlistment contracts (DD Form 4, DD Form 1966, and any other portion as appropriate) were properly prepared to authorize him enlistment in the Regular Army as a SPC/E-4 and that he be paid all 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)                                         AR20140019338



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ABCMR Record of Proceedings (cont)                                         AR20140019338



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