DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH

Doc. No. 4829-08
19 August 2008

 

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD ICO

   

Ref: (a) Title 10 U.S.c. 1552

Encl: (1) DD Form 149 w/attachments
(2) CNRC memo 1133 Ser 32/ of 10 Jul 08
(3) Subject’s naval record (CD and printed excerpts)

1. Pursuant to the provisions of reference (a) Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that the applicable naval
record be corrected to show that he enlisted in paygrade E-2,
vice E-1, based on college credits.

2. The Board, consisting of Messrs. George, Pfeiffer, and
Zsalman, reviewed Petitioner’s allegations of error and
injustice on 28 July 2008 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.

3. The Board, having reviewed all the facts of record
pertaining to Petitioner’s allegations of error and injustice,
finds as follows:

a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.

b. Petitioner entered the Delayed Entry Program (DEP) on
12 June 2007 and shipped to active duty on 26 September 2007
(106 days).
Doc. No. 4829-08

c. He signed and executed an enlistment contract enlisting
him in pay grade E-1 but alleges he should have been enlisted in
paygrade E-2 based on college credits earned prior to signing

his contract.

 

d. COMNAVCRUITCOMINST 1130.8G establishes criteria for
enlistment in an advanced paygrade. Personnel with the
requisite number of qualifying college credits to meet the
advanced paygrade criteria must present official transcripts

prior to ship date.

e. On 12 June 2007, prior to enlisting, Petitioner
completed block 12 of the DD Form 1966/1 (Record of Military
Processing) indicating that his highest grade of education
completed was “12L” (High School Diploma Graduate). In block
22a (Education) of the DD Form 1966/2 he listed that from
“2007/1 to Pres” he was attending “Miami University - Hamilton,”
but had not graduated. The recruiter noted on the DD Form
1966/4 that Petitioner’s official high school transcripts had
been sighted. No entry was made regarding college transcripts.

f. On 26 September 2007, Petitioner signed an Advanced
Paygrade Enlistment Statement of Understanding indicating he had
read the Navy’s advanced paygrade eligibility requirements and
understood what was required to be advanced to a higher paygrade
while in the DEP. He indicated that he was “NOT eligible for

Advanced Paygrade.”

g. In May 2008, Petitioner filed the instant application
seeking a change to his enlistment contract to show that he
enlisted in pay grade E-2 vice E-1. To support his application,
he submitted official college transcripts showing that between
December 2005 and April 2007, prior to his enlistment, he had
earned 35 hours of college credit at Miami University and

Morehead State University.

h. Review of the transcripts shows that he had earned 3
hours College Credit at Miami University by December 2005. By
April 2006, he had earned another 3 hours of credit, also from
Miami University. By December 2006, he had earned another 16
hours of credit from Morehead State University. By April 2007,
he had earned another 13 hours of credit from Miami University.
Notably, Petitioner did not list Morehead State University at
all on his DD Form 1966/2. And there is no evidence that he
Doc. No. 4829-08

proffered transcripts from either of these colleges prior to his
entry into the DEP on 12 June 2007.

i. The official transcripts that Petitioner submitted from
Miami University are dated 6 December 2007, more than 2 months
after Petitioner shipped to active duty. Official transcripts
from Morehead State University are dated 29 November 2007, more
than 2 months after he had shipped to active duty.

j- In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in
Petitioner’s application has recommended the request be denied,
noting that college transcripts were not provided prior to ship
date as required by the existing policy and governing
instructions. Additionally, there were no entries listed in the
remarks section of the DD Form 1966/4 other than the Sighting of
the high school transcripts. Also, Petitioner signed the
Advanced Paygrade Enlistment Statement of Understanding
indicating he was “NOT eligible for Advanced Paygrade.”

MAJORITY CONCLUSION:

Upon review and consideration of all the evidence of record,

notwithstanding the comments contained in enclosure (2), the
majority concludes by 2 to 1 vote that Petitioner’s request
warrants favorable action. In the majority’s view, a

prospective recruit, with qualifying college credit, would not
knowingly enlist in pay grade E-1 if in fact he fully understood
that he was eligible for enlistment in an advanced pay grade
based on that college credit. The majority is of the opinion
that because Petitioner had actually earned college credit
before enlisting, he should receive an advanced pay grade at
enlistment for that college credit notwithstanding the evidence
that transcripts were not provided and that complete information
about such college credit was omitted from his enlistment
application and his enlistment contract.

MAJORITY RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate,
to show that:
Doc. No. 4829-08

a. He enlisted in paygrade E-2, vice E-1, effective 26
September 2007 (Active Duty Service Date). He met the criteria
for advanced paygrade based on college credits.

MINORITY CONCLUSION:

A minority of the Board (Mr. Pfeiffer) concludes that no relief
is warranted. The minority finds that it was incumbent on the
Petitioner to disclose his complete college credits and provide
college transcripts in accordance with the established policy.
This is especially true in this case because Petitioner had
completed all of his education well before he entered the DEP
and thereafter spent another 106 days in the DEP. This provided
him with adequate opportunity to obtain and submit transcripts.
Moreover, Petitioner had omitted complete information about his
college credits from his enlistment application and he signed
the Advanced Paygrade Enlistment Statement of Understanding
indicating he was “NOT eligible for Advanced Paygrade. In the
minority’s view, Petitioner failed to fully disclose and
document his earned college credit in spite of an adequate
opportunity to do so. He subsequently executed a contract
enlisting in pay grade E-1 and such contract should be binding

upon him.
MINORITY RECOMMENDATION:

That Petitioner’s request be denied.

4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) it is certified that quorum was
present at the Board’s review and deliberations, and that the
foregoing is a true and complete record of the Board's

proceedings in the above entitled matter.

ROBERT D. ZSALMAN fll J. HESY,
Recorder Acting Recorder
Doc. No. 4829-08

5. The foregoing action of the Board is submitted for your
review and action.

Lite \
W. DEAN DF

Executive or

 

Reviewed and Approved

™. CS.

G-2AL -OB

Robert T. Cali
Assistant General Counsel
Manpower and Reserve Affairs)