PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           15 August 2000                   
	DOCKET NUMBER:   AR2000043892

	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. Thomas D. Howard, Jr.		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Gail J. Wire		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 the rank and grade of Private, E-2 (PV2) on 29 September 1999 and that he be awarded all due back pay.

3.  The applicant states that he had completed 42 semester hours but was unable to get his transcripts before leaving for basic training.  His recruiter told him not to worry, it would be taken care of in basic training.  Basic training personnel told him not to worry, it would be taken care of at his first duty station.  Personnel at his advanced individual training station gave him the same answer. When he got to his first duty station, he was told that he should have taken care of it within 6 months of his enlistment.

4.  By spring 1998, the applicant had completed 42 semester hours from Southern University and A & M College, Baton Rouge, LA.  His military records show he enlisted in the U. S. Army Reserve Delayed Entry Program on             10 September 1999.  He enlisted in the Regular Army on 29 September 1999 in the rank and grade of Private, E-1.  

5.  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 completed 30 or more classroom semester hours of an accredited college or university are authorized enlistment in pay grade E-2.  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.

6.  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 opined that the applicant had completed 42 semester hours of undergraduate study prior to his entry in the Army.  The documentation was provided in a timely manner.  However, steps could have been performed (by his recruiter) to acquire the documentation prior to his shipment to training.  That office recommended back dating the applicant’s rank of PV2 to 29 September 1999, the date he entered active duty, and awarding him back pay.  

7.  A copy of the advisory opinion was provided to the applicant.  He concurred in the advisory opinion.

CONCLUSIONS:

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

2.  The applicant enlisted in the Delayed Entry Program on 10 September 1999.  The Board agrees with the advisory opinion that his recruiter could have worked harder to ensure the applicant had his transcripts prior to his entering active duty, thereby ensuring he could have enlisted as a PV2.  It would be appropriate to show that he did enlist as a PV2.

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 29 September 1999 as a PV2, E-2 as a result of his having completed 42 college semester hours and that the applicant be paid all due back pay and allowances as a result of this correction.

BOARD VOTE:  

__tdh___  __aao___  __gjw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Thomas D. Howard, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043892	
SUFFIX		
RECON		
DATE BOARDED	20000815	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	112.02	
2.		
3.		
4.		
5.		
6.