PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            4 May 2000
	DOCKET NUMBER:   AR2000039548

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. James P. Steuve		Member	
	Ms. Carol Jo Suiter		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, in effect, that his enlistment contract be corrected to reflect that he enlisted in the pay grade of E-3. 

3.  The applicant states, in effect, that he was enlisted in the pay grade of E-2 based on his completion of college credits and that he should have been enlisted in the pay grade of E-3 instead.  In support of his application he submits a copy of his college transcripts from three separate educational institutions.

4.  The applicant’s military records show that he enlisted in the USAR under the delayed entry program on 28 January 1999 in the pay grade of E-2 based on his attendance at a community college in Hawaii.  His contract indicates no other institutions other than his attendance at high school.

5.  On 10 February 1999 he enlisted in the Regular Army in the pay grade of E-2 for a period of 2 years, training as a chaplain’s assistant, and a cash enlistment bonus of $3,000.00.

6.  The transcripts provided by the applicant show that he attended the community college in Hawaii and earned 46 semester hours, and attended a college in San Antonio, Texas and earned 12 semester hours.  He also attended another college in San Antonio and earned 21 semester hours for a total of 79 semester hours.  It is noted that the last transcript was issued on 6 May 1999 and mailed to the applicant’s unit at Fort Jackson, South Carolina.

7.  In the processing of this case an advisory opinion was obtained from the Office of the Deputy Chief of Staff for Personnel (ODCSPER) Recruiting Policy Branch which opined that the applicant should have been recruited in the pay grade of E-3.  The opinion was provided to the applicant for comment and he concurred with the opinion.

8.  A review of the applicant’s enlistment contract (DA Form 1966 series) fails to indicate that the applicant was ever advised of the requirements to submit his transcripts within 6 months of his enlistment to attain a higher enlistment grade.

9.  Army Regulation 601-210 provides the eligibility criteria for enlistment in the USAR and the Regular Army.  It states, in pertinent part, that individuals who have completed 60 or more semester hours or 90 or more quarter hours from an accredited institution may enlist in the pay grade of E-3.  Individuals who have completed 30 or more semester hours may be enlisted in the pay grade of E-2.  Soldiers who lack supporting documents may submit them to their personnel officer within 6 months of enlistment; however, if the documents were not available at the time of enlistment, the effective date and date of rank will be the effective date of promotion by the unit commander.  Applicants who claim but cannot substantiate qualifications for a higher enlistment grade will be required to acknowledge on the DA Form 1966 that they have read and understand this rule. 

CONCLUSIONS:

1.  Although the Board cannot determine with any degree of certainty whether the applicant informed his recruiter at the time of enlistment that he had more semester hours than he presented at the time of enlistment, he obviously obtained the necessary transcripts within the prescribed timeframe to document his education and entitlement to be enlisted in the pay grade of E-3.

2.  Inasmuch as his records do not reflect that he was counseled at the time of enlistment in regards to the timeframes involved in producing his transcripts, the Board finds that the applicant should receive the benefit of any doubt and that he should be enlisted in the pay grade of E-3 with entitlement to all back pay and allowances from the date of his enlistment. 

3.  Accordingly, it would be appropriate to amend his enlistment contract to show that he enlisted in the pay grade of E-3 instead of the pay grade E-2 as currently reflected.

4.  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 amending the enlistment contract of the individual concerned to show that he enlisted in the pay grade of E-3 and is entitled to all back pay and allowances from the date of his enlistment.

BOARD VOTE:  

___cs ___  ___jps___  ___ls___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Luther L. Santiful____
		        CHAIRPERSON

INDEX

CASE ID	AR2000039548	
SUFFIX		
RECON		
DATE BOARDED	2000/05/04	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  224	112.0200/GRADE/DOR	
2.		
3.		
4.		
5.		
6.