IN THE CASE OF:	  

		BOARD DATE:	  28 May 2015

		DOCKET NUMBER:  AR20150003959 


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 his enlistment grade be shown as E-4 instead of E-3 and to be paid any back pay that may be due.

2.  The applicant states following his graduation from college in the summer of 2012 he informed his recruiter that he had graduated from an accredited 4-year college.  He would be able to present documentation proving such so he could be enlisted in the Regular Army as a specialist (SPC)/pay grade E-4.  Following the initial recruiting process and processing into the military entrance processing station (MEPS) he was shipped to Fort Sill, OK.  Upon his arrival he was informed that he was being awarded the rank of private first class (PFC)/pay grade E-3.  When he arrived at his first duty station at Fort Stewart, GA he informed his chain of command of the issue.  Throughout the period of a year he and his first sergeant sent this issue to be corrected throughout every echelon of the military (battalion, brigade, division, and U.S. Army Human Resources Command (HRC).

3.  He continually informed his recruiter that he had graduated from college and had provided the correct documentation to prove such.  Throughout the initial enlistment process (recruitment and MEPS) he continuously informed all civilian and military personnel of his graduation from college while still providing the correct documentation.  He believes this error was caused by the initial failure on recruitment and MEPS personnel to correctly reflect on his records the degree he had earned.

4.  The applicant provides:
* DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 12 June 2012
* University of South Florida transcripts issued 12 August 2012
* University of South Florida transcripts issued 4 February 2013
* DA Form 3286 (Statement for Enlistment, United States Army Enlistment Program)
* a letter from the University of South Florida, dated 24 September 2012
* his Bachelor of Arts Degree in Political Science, dated 15 December 2012
* his Enlisted Record Brief
* Regular Army Applicant Data Report, dated 12 June 2012
* Recruiting Summary Report
* excerpt from Army Regulation 601-210 (Active and Reserve Components Enlistment Program)

CONSIDERATION OF EVIDENCE:

1.  Item 17 - DEP (Delayed Entry/Enlistment Program) Enlistment Data of the applicant's DD Form 1966 shows in item 17i (Pay Grade) that he was to be placed into the  DEP in pay grade E-3.

2.  Section VI - Remarks of his DD Form 1966 states the applicant's enlistment grade was E-3 in accordance with paragraph 2-18 of Army Regulation 601-210.  In addition, he was to graduate from University of South Florida on 4 August 2012 with a 4-year degree.  He would be promoted to E-4/SPC once he brought in the official transcripts on his ship date.

3.  On 12 June 2012, he enlisted in the U.S. Army Reserve (USAR) in the DEP.  His DD Form 4/1 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows his pay grade in item 8 as E-1.

4.  University of South Florida transcripts, issued on 12 August 2012, show the applicant earned 128 hours.  These transcripts did not show he was awarded a degree.

5.  A letter, dated 24 September 2012, from the Associate Dean, University of South Florida certified the applicant had completed all requirements for a Bachelor of Arts degree with a major in Political Science.  The degree date would be 15 December 2012.  The applicant would be able to provide a transcript verifying graduation about 8 weeks after the graduation date.  This letter was verification that graduation requirements had been met.  This letter was filed in his official military personnel file (OMPF) on 16 November 2012.

6.  On 13 November 2012, he enlisted in the Regular Army (RA).  Item 21 (Service Representative Certification) of his DD Form 1966/3 shows he was enlisted in pay grade E-3.

7.  University of South Florida transcripts, issued on 4 February 2013, show the applicant earned 128 hours and he was awarded a Bachelor of Arts Degree in Political Science on 15 December 2012.

8.  Chapter 2, Section II of Army Regulation 601-210 provides enlistment periods and pay grades for enlistment in the Regular Army, USAR, or Army National Guard (ARNG) for nonprior service applicants.

	a.  Paragraph 2-18 (Enlistment pay grades for personnel without prior Service) applies to DEP, Army Reserve Delayed Training Program (DTP) and ARNG.

		(1)  Paragraph 2-18a (9) states an applicant who has successfully completed a degree-producing college program of 4 years duration and the college or university is listed in the AIPE (accredited institutions of postsecondary education) and has been awarded a bachelor degree or higher may enlist at any time in pay grade E-4 specialist (SPC).  Advanced promotion is authorized if 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.

		(2)  Paragraph 2-18a (16) states an applicant who lacks documentation required for advanced promotion under this paragraph at time of enlistment may submit supporting documents to the personnel officer within 6 months of enlistment.  Documents must be original, certified, or evaluated, as required.

			 (a)  College credit or course completion must have occurred prior to the date of enlistment in the RA or entry in initial active duty for training (IADT) for USAR or ARNG.

			 (b)  Effective date and date of rank (DOR) for Soldiers who lacked documentation at time of enlistment will be the effective date of the promotion by the unit commander.  No retroactive adjustment is authorized and each applicant will be advised that failure to produce documents before enlistment or after time frames above will cause them to forfeit entitlement to this incentive.  The promotion will be for the grade the Soldier is qualified for at the time of enlistment.

	b.  Paragraph 2-19 states an applicant must provide documentation to support enlistment in higher pay grade. Guidance counselors will verify required documents to justify higher pay grade.  After verifying required documents for advanced promotion, guidance counselor must sign a DA Form 4187 (Personnel Action) that outlines the promotion authority and the pay grade authorized prior to shipping to IADT.  This applies to those USAR or ARNG members who met an advanced promotion criteria after the initial date of enlistment and who are awaiting shipping to IADT.  Additionally, after arrival at the reception battalion, if an error in entry grade is identified after review of a new Soldier’s enlistment contract, the human resources specialists at all reception battalions are authorized to generate/authenticate a grade change in the Defense Integrated Military Human Resources Systems (DIMHRS) to provide the correct entry grade.

DISCUSSION AND CONCLUSIONS:

1.  Based on entries in item 17i and Section VI of his DD Form 1966 he was supposed to be placed in the DEP in pay grade E-3.  Therefore, the pay grade shown in item 8 of his DD Form 4/1 is in error.

2.  He completed a 4-year degree-producing college program at the University of South Florida.  His transcripts issued on 12 August 2012 show he completed 
128 hours and the letter, dated 24 September 2012, from the University of South Florida certified he completed all requirements for a Bachelor of Arts Degree with a major in Political Science.  The degree was to be dated 15 December 2012.  This letter was filed in his OMPF on 16 November 2012, which indicates it was available when he enlisted in the RA on 13 November 2012.  Therefore, there is sufficient evidence to show he should have been enlisted in the RA in pay grade E-4 with an effective date and DOR of 13 November 2012.

3.  In view of the above, his pay grade in the DEP is determined to be a harmless error because it has no effect on his effective date or DOR upon entry on active duty.  Therefore, there is no effect on his pay.  However, item 21 of his 
DD Form 4/3 should be corrected to show he enlisted in the RA in pay grade E-4. His records should be corrected to show the effective date and DOR for pay grade E-4 is 13 November 2012.  He is entitled to any retroactive pay as a result of this action.


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:

* changing item 21 of his DD Form 4/3 to show E-4  
* correcting his record to show his effective date and DOR for pay grade 
E-4 as 13 November 2012
* paying him any pay that may be due as a result of the above 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)                                         AR20150003959



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ABCMR Record of Proceedings (cont)                                         AR20150003959



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