IN THE CASE OF:  	  

		BOARD DATE:  27 October 2015	  

		DOCKET NUMBER:  AR20150012864 


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 the enlistment grade on his DD Form 4/3 (Enlistment/Reenlistment Document, Armed Forces of the United States) be changed to show E-4 instead of E-3 and be paid any back pay that may be due.

2.  The applicant states his enlistment contract into the Regular Army should have been E-4 because he completed his Bachelor Degree.  He was unable to provide his diploma on the date of enlistment due to the University's policy of granting diplomas at the end of the semester which was 17 December 2014.

3.  The applicant provides:

* DD Form 4/1,2 3
* college transcripts
* Bachelor of Science in Computer Science Diploma 

CONSIDERATION OF EVIDENCE:

1.  On 28 March 2014, he enlisted in the U.S. Army Reserve (USAR) in the DEP. His DD Form 4/1 shows his pay grade in item 8 as E-3.

2.  On 1 October 2014, he enlisted in the Regular Army for 4 years and 
19 weeks.  Item 21a (Service Representative Certification) of his DD Form 4/3 shows he was enlisted in pay grade E-3.

3.  The applicant's transcripts show he was awarded a Bachelor of Science in Computer Science on 17 December 2014.  He earned 147 credit hours.

4.  He provided his diploma from the South Dakota State University awarding him a Bachelor of Science in Computer Science Degree.  The diploma is dated 
17 December 2014.

5.  On 12 February 2015, he was assigned to Company C, 1st Battalion, 
19th Infantry, 198th Infantry brigade at Fort Benning, GA.

6.  On 21 September 2015, an advisory opinion was provided from the Department of the Army, Office of the Deputy Chief of Staff, G1.  The G1 recommended approval of the applicant's request and that he be promoted to pay grade E-4 with an effective date and date of rank (DOR) of 1 October 2014, the date of his enlistment in the Regular Army.  The applicant was forwarded a copy of the opinion for his comments; however, he did not respond.

7.  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 non-prior 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 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.  The applicant completed a 4-year degree-producing program at the South Dakota State University.  His transcripts show he would have had to have completed the requirements for his degree on 1 October 2014, the date he enlisted in the Regular Army.  He would not have been able to complete any additional degree requirements between 1 October and 17 December 2014 because he was still in initial entry training.  The University did not issue his diploma until the end of the semester on 17 December 2014.  This is common practice among colleges and universities.  

2.  The evidence shows he was eligible for enlistment in the Regular Army in pay grade E-4.  His effective date and date of rank (DOR) would be 1 October 2014 and he would be entitled to any retroactive pay as a result.


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 21a 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 1 October 2014
* 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)                                         AR20150012864





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ABCMR Record of Proceedings (cont)                                         AR20150012864



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