APPLICANT REQUESTS:  That his records be corrected to show he enlisted in pay grade E-4.

APPLICANT STATES:  In effect, he was authorized enlistment in pay grade E-4 and it was only an administrative oversight that caused him to enlist in pay grade E-3 instead.  He graduated from college before he left for basic training.  His degree followed shortly thereafter and his recruiter told him to do an adjustment when he arrived at his permanent duty station.

EVIDENCE OF RECORD:  The applicant’s military records show:

He enlisted in the Delayed Entry Program on 30 December 1996 in pay grade  E-3.  He graduated from Old Dominion University with a Bachelor of Science in Business Administration degree on 10 May 1997.  He enlisted in the Regular Army on 22 May 1997 in pay grade E-3.  On this date he acknowledged that in accordance with Army Regulation 601-210, paragraph 2-20f (successfully completed 60 or more semester hours without a 4-year degree), he was authorized enlistment in pay grade E-3.  His transcript is dated 1 October 1997.

 Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and the U.S. Army Reserve.  In pertinent paragraphs, it states that the date of rank for persons without prior service enlisting in the Regular Army will be the date of enlistment on active duty.  Applicants who have successfully completed a degree producing college program of 4 years duration and the college or university is properly accredited are authorized enlistment in pay grade E-4.  A Regular Army soldier who lacks documentation required for advance promotion at the time of enlistment may submit supporting documents to his personnel officer within        6 months of his enlistment.  Documents must be original, certified or evaluated as required.  The effective date and date of rank for soldiers who lacked documentation at the time of enlistment will be the effective date of the promotion by the commander.  No retroactive adjustment is authorized and each applicant will be advised that failure to produce documents before enlistment or after the time frames above will cause them to forfeit entitlement to this incentive.  

In the processing of this case, an advisory opinion was obtained from the U.S. Total Army Personnel Command, Retention Management Division.  The opinion noted that the applicant did not receive the transcripts until after his enlistment and in accordance with Army Regulation 601-210, the effective date and date of rank for soldiers who lack documentation at the time of enlistment will be the effective date of the promotion by the unit commander.  Therefore, that office recommends that the record reflect grade E-4 with a date of rank of 7 April 1998. 

DISCUSSION:  Considering all the evidence, allegations and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded.

1.  In order to justify correction of a military  record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  On 22 May 1997, the applicant acknowledged on his DD Form 1966/3 that his authorized enlistment grade was E-3.

3.  On the applicant’s DD Form 149, he states his degree (and transcripts) followed after his departure for basic training.  He does not provide an explanation as to why he did not follow the advice of his recruiter and the guidelines in the regulation to provide supporting documentation to his personnel officer within 6 months of his enlistment.  His transcripts are dated 1 October 1997; he had until 21 November 1997 to submit them.

4.  In view of the foregoing, there appears to be no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT 

                       GRANT FORMAL HEARING

                       DENY APPLICATION

                                                            Loren G. Harrell
					       Director