PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            20 June 2000                  
	DOCKET NUMBER:    AR1999028270

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

	Mr. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ernest W. Lutz, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected to show he enlisted in pay grade E-3.

3.  The applicant states that he was entitled to pay grade E-3 at enlistment based on his completion of 74 college credit hours.  In support of his request, he has provided a copy of his college transcript showing that at the end of the    1997 – 1998 semester he had completed 40 (not 74) credit hours at Purdue University.

4.  The applicant’s military records show that he enlisted in the U.S. Army Reserve (USAR) on 6 July 1998, for eight years in pay grade E-1.  He entered active duty on 28 July 1998, was awarded the military occupational skill of heavy wheeled vehicle mechanic and was released from active duty on 19 December 1998.  He is currently assigned to the 542nd Transportation Company, USAR, Kingsbury, Indiana.

5.  The applicant’s college transcript shows that he completed 40 semester hours of post-secondary education and 74 grade points at an accredited university.  

6.  Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program, provides that an applicant who has successfully completed 60 or more semester hours at an accredited college or university may be enlisted in pay grade PFC. 

7.  The same regulation provides that an applicant who has successfully completed 30 or more semester hours at an accredited college or university may be enlisted in pay grade PV2.

CONCLUSIONS:

1.  Based on the regulatory guidance then in effect and the 40 college credit hours he completed, it appears that the applicant should have been enlisted in the grade of PV2 on 6 July 1998 rather than PV1.  Since the 74 hours he refers to are actually grade points and not credit hours, he was ineligible for enlistment at the grade of E-3.

2.  Accordingly, the applicant should be retroactively promoted to the grade of PV2 with a date of rank of 6 July 1998 and paid all appropriate back pay due.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:
a.  showing that the individual concerned enlisted in the USAR at the grade of PV2 on 6 July 1998; and

	b.  paying to him any back pay and allowances that may be due as a result of this adjustment in his date of rank.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__vbc___  ___jea___  __ewl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_______Van B. Cunningham        
__
		        CHAIRPERSON