PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 August 2000                   
	DOCKET NUMBER:   AR2000043323

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Allen L. Raub		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 date of rank be adjusted to 2 November 1999.

3.  The applicant states that he did not have the proper documentation at the time he enlisted to enter as a Private First Class (PFC), E-3.  According to Army Regulation 601-201, paragraph 2-20l(5), his date of rank should be adjusted to the date of enlistment as long as the proper documentation is available.  Supporting evidence is as listed on the DD Form 149.

4.  The applicant's military records show he enlisted in the U. S. Army Reserve Delayed Enlistment Program on 29 September 1999.  He enlisted in the Regular Army on 2 November 1999 in pay grade E-1.  

5.  On 15 November 1999, Edo State University, Ekpoma, Nigeria forwarded the applicant’s transcripts to his Recruiting Station.  On 22 March 2000, World Education Services, Incorporated evaluated his transcripts and determined they were equivalent to two years of undergraduate study (60 semester hours of credit).  This determination was forwarded by the installation Education Division through the applicant’s commander to the Chief, Military Personnel Office on    27 March 2000.

6.  On 16 June 2000, the applicant was advanced to PFC effective 27 March 2000 with a date of rank of 27 March 2000.

7.  In the processing of this case, an advisory opinion was obtained from the Recruiting Policy Branch, Office of the Deputy Chief of Staff for Personnel.  That office initially opined that the documentation provided substantiated that no retroactive measures are authorized per Army Regulation 601-201, paragraph   2-20l(5).  However, on 10 August 2000, that office acknowledged that an error was made and the advisory opinion should have recommended granting the relief requested.

8.  A copy of the initial advisory opinion was provided to the applicant for comment.  He did not respond within the given time frame.

9.  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 60 or more semester hours from a college or university that is properly accredited are authorized enlistment in pay grade E-3.  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. 

CONCLUSIONS:

1.  The Board concludes that an injustice has occurred in this case.

2.  The applicant enlisted in the Delayed Entry Program on 29 September 1999. The Board concludes that his recruiter could have worked harder to ensure the applicant had his transcripts and had them evaluated prior to his entering active duty on 2 November 1999, thereby ensuring he could have enlisted as a PFC.  It would be appropriate to show that he did enlist as a PFC.

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 showing that the applicant enlisted in the Regular Army on 2 November 1999 in the rank and grade of PFC, E-3 as a result of his having completed 60 college semester hours and that the applicant be paid all due back pay and allowances as a result of this correction.

BOARD VOTE:  

__gdp___  __clg___  __alr___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			George D. Paxson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043323	
SUFFIX		
RECON		
DATE BOARDED	20000824	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	112.02	
2.		
3.		
4.		
5.		
6.