MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                              
	DOCKET NUMBER:   AC9808626

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	M		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, 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 because he graduated from college before enlisted.

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

He graduated from California State University, Chico with a Bachelor of Arts degree on 31 May 1996.  He enlisted in the Regular Army on 19 June 1996 in pay grade E-3.  On this date he acknowledged that in accordance with Army Regulation 601-210, paragraph 2-20f(2) (successfully completed 60 or more semester hours without a 4-year degree), he was authorized enlistment in pay grade E-3.  He apparently was promoted to Specialist E-4 effective 26 August 1996.

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. 

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 19 June 1996, the applicant acknowledged on his DD Form 1966/3 that his authorized enlistment grade was E-3.
3.  The applicant indicates on his DD Form 149 that he was promoted to Specialist E-4 on 26 August 1996.  Transcript documentation provided within six months after enlistment entitle the applicant to the pay grade but not to a retroactive adjustment in the effective date.

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