PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            19 October 2000
	DOCKET NUMBER:   AR2000037508

	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. William Blakely .		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest W. Lutz		Chairperson	
	Ms. Tracey L. Pinson		Member	
	Mr. Christopher J. Prosser		Member	

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

	The applicant did (not) appear before the Board and was (not) represented by counsel.

	The Board considered the following evidence:

Exhibit A - Application for correction of military records
Exhibit B - Military Personnel Records (including advisory opinion, if any)
Exhibit C - Case Summary
Exhibit D - Live testimony and any evidence introduced during the hearing

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 correction of his E-3 effective date of advancement from 11 January 1999 to 26 October 1998.

3.  The applicant states that he was informed by his recruiter upon enlisting in the USAR on 26 October 1998 that his current educational level would allow him to enter the Army at the pay grade of E-3.  He states he cannot provide an explanation why his educational institution delayed in forwarding his college transcript to his recruiter and his educational institution did not provide his college transcript until 6 August 1999.  The applicant states his recruiter and drill sergeant informed him that his promotion would be adjusted at his permanent duty station.  In support of his application the applicant submits a DA Form 4187 (Personnel Action), his college transcript, DA Form 4/1 and 4/2
(Enlistment/Reenlistment Document), and DA Form 3286-59 (Statement of Enlistment).

4.  The applicant’s military records show that the applicant enlisted in the USAR on 26 October 1996 in pay grade E-2.  He entered active duty on 3 February 1999 and is currently assigned to Fort Bragg, North Carolina.

5.  The college transcript provided by the applicant was issued on 6 August 1999 by the college registrar.  It shows that he completed 67 semester hours of college.

6.  On 1 November 1999 his commander completed DA Form 4187 advancing the applicant to private first class (E-3), effective 1 November 1999 with a date of rank of 1 November 1999, citing Army Regulation 600-8-19 as the authority.

7.  In the processing of this case an advisory opinion was obtained from the Deputy Chief of Staff for Personnel (DCSPER) which opined, in effect, that the applicant’s college transcript met the qualifications for the applicant to enlist in the Army at the pay grade of E-3.  The advisory opinion also recommended that applicant’s date of rank be changed to reflect 3 February 1999 and back pay be awarded.

8.  Army Regulation 601-210 prescribes the policies that govern eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the USAR.  Chapter 2, paragraph 2-20(f), states in pertinent part, that individuals who possess 60 or more semester hours (90 or more quarter hours) of an Accredited Institution listed in the Post-secondary Education book published by the American Council on education may enlist in the pay grade of E-3.

9.  Chapter 2, paragraph 2-20(n), of the same regulation provides that the effective date and the date of rank for soldiers who lack documentation at the time of his enlistment will be the effective date of the promotion by the unit commander.

10.  Chapter 2, paragraph 2-20(l), of the same regulation stated that individuals who lack documentation to support a claim of entitlement to a higher enlistment grade at the time of enlistment may present such documentation at any time up to 6 months from the date of entry into the Regular Army.

CONCLUSIONS:

1.  The applicant was eligible for enlistment in pay grade E-3 but his college transcript was unavailable to determine whether he met the qualifications to enlist in the Army in pay grade E-3 under the provisions of Army Regulation 601-210, Chapter 2, paragraph 2-20(f).  

2.  Regulatory guidance clearly provides that promotion cannot be effected until supporting documents are made available and no retroactive adjustment of the effective date or date of rank is authorized beyond the effective date of the promotion by the unit commander.  However, the Board recognizes under normal circumstances the challenges and the amount of time involved in obtaining a college transcript from an educational institution.

3.  The applicant provides his college transcript to this Board; however, it is reasonable to presume that had he presented such proof at the time of his enlistment to his recruiter his correct pay grade to enlist would have been E-3.

4.  The Board concurs with the advisory opinion and in the interest of justice the applicant’s pay grade and date of rank should be changed to 26 October 1998 to allow him to receive the benefits (pay and allowances) that he otherwise would have been entitled to receive effective 26 October 1998.

5.  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 showing that the individual concerned was enlisted in pay grade

E-3 on 26 October 1998 in accordance Army Regulation 601-210, Chapter 2, paragraph 2-20(f) with a date of rank of 26 October 1998.

BOARD VOTE:  

__EWL           TLP__  __CJP___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	ACAR2000037508	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001019	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT )	
REVIEW AUTHORITY		
ISSUES        1. 131.00.		
2.		
3.		
4.		
5.		
6.