PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:              1 November 2001
	DOCKET NUMBER:      AR2001057703

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison  		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Curtis L. Greenway		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 records be corrected to show that based on education he is entitled to accelerated advancement to pay grade E-2 and that he be awarded all due back pay.

3.  The applicant states that he received an administrative demotion from pay grade E-2 to E-1 during in-processing at Fort Jackson’s Reception Center.  He states that the demotion was due to the absence of current college transcripts.  At that time, he was informed that he was entitled to back pay once he had attained a recent copy of his college transcripts and that he would be reinstated to E-2.  He also states that he never received his rank until he completed his initial active duty training.  He would like a pay inquiry investigation and back pay issued to him, if applicable.  In support of his application, he submits two personal statements, a letter to the Defense Finance and Accounting Service (DFAS), a DA Form 4187 (Personnel Action), dated 22 January 1994, a USARC Form 27-R (Pay Inquiry), dated 6 November 1994, a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of his Leave and Earnings Statement for the period 1-31 May 1993, a memorandum from the Fort Jackson Education Center, his automated Personnel Qualification Record, two letters from DFAS, a copy of DD Form 1966/3 (Application for Enlistment–Armed Forces of the United States), and his letter to DFAS requesting back pay from basic training.

4.  The applicant’s military records show the applicant enlisted in the U.S. Army Reserve (USAR) on 18 December 1992 in pay grade E-3 for a period of eight years.  He was ordered to initial active duty training (IADT) on 5 May 1993. 

5.  The applicant’s DD Form 1966/2 shows he was a high school graduate and that he was currently attending Valencia Community College.  However, there is no evidence of record which shows the applicant submitted a college transcript prior to his enlistment in the USAR.  

6.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows he 
was reduced to private E-1 with an effective date of 18 December 1992 in 
item 16 (Appointments and Reductions).

7.  The applicant’s DD Form 214, which covers his IADT from 5 May 1993 to 27 August 1993, shows his rank as private (PV1) and pay grade E-1 with an effective date of 18 December 1992.  In addition, the applicant provided a copy of his DFAS Leave and Earnings Statement for the period 1-31 May 1993, which shows his pay grade as E-1 with a pay date of 18 December 1992.

8.  The applicant’s personnel records contain his college transcript from Valencia Community College, printed 13 September 1993, which shows he completed 41 semester hours prior to his enlistment in the USAR.
9.  The applicant provided a copy of a memorandum from an Education Counselor at the Fort Jackson Education Center, dated 17 June 1993.  The counselor stated that he had reviewed the applicant’s transcripts and determined that the applicant had completed 41 semester hours of college credit.

10.  A Personnel Action, dated 22 January 1994, advanced the applicant to pay grade E-2 with an effective date and date of rank of 18 December 1992. The authority cited was Army Regulation 601-210, Table 2-3, Rule E1.

11.  Army Regulation 601-210 sets forth the basic authority for the Regular Army and Army Reserve Enlistment Program.  Chapter 2, of that regulation provides, in pertinent part, the basic eligibility criteria for all nonprior service applicants.  Paragraph 2-20(e) provides that individuals who have successfully completed 30 or more classroom semester hours of an accredited college or university are authorized enlistment in pay grade E-2.  Paragraph 2-20(l)(2) provided that USAR soldiers may submit supporting documents to his or her personnel office within 12 months of USAR enlistment.  College credits or course completion must have occurred prior to date of enlistment in the USAR.  

CONCLUSIONS:

1.  The applicant was improperly enlisted in the USAR in pay grade E-3 on 18 December 1992.

2.  There is no evidence of record which shows the applicant submitted his college transcript at the time of his enlistment in the USAR.  As a result, he was reduced to private E-1 with a date of rank of 18 December 1992.

3.  While in IADT, it was determined that the applicant had completed 41 semester hours of college credit prior to enlistment in the USAR.

4.  Based on the governing regulation then in effect, he was advanced to pay grade E-2 with an effective date of 18 December 1992.

5.  The applicant’s DD Form 214, with a separation date of 27 August 1993, incorrectly reflects his rank as “PV1” and pay grade as “E-1” with an effective date of 18 December 1992.  Therefore, the Board determined that the applicant is entitled to correction of his DD Form 214 to show his rank as “PV2” in 
item 4a (Grade, Rate or Rank) and to show his pay grade as “E-2” in 
item 4b (Pay Grade).

6.  Based on the foregoing, the applicant is also entitled to payment of all back pay and allowances to which he is entitled based on correction of all records to show that he was advanced to E-2 effective 18 December 1992.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to the individual concerned be corrected:

	a.  by deleting the entries “PV1” in item 4a and “E1” in item 4b of his DD Form 214 with a separation date of 27 August 1993; and

	b.  by showing the entries “PV2” in item 4a and “E-2” in item 4b of his DD Form 214 with a separation date of 27 August 1993.

2.  That, upon completion of corrections to his records, the Defense Finance and Accounting Service audit the applicant’s active duty pay account to determine all monies due to the applicant, if any, and that the applicant be paid all monies due to him, if any.

BOARD VOTE:  

WTM____  AAO____  CLG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Walter T. Morrison____
		        CHAIRPERSON

INDEX

CASE ID	AR2001057703	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011101 	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	128.0000	
ISSUES         1.		
2.		
3.		
4.		
5.		
6.