MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  6 December 2001
	DOCKET NUMBER:  AR2001059746

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Harry B. Oberg		Member	
	Mr. Thomas A. Pagan		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

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

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that he be paid in the pay grade of E-3 for his time in the Army.

APPLICANT STATES:  In effect, that he enlisted for pay grade E-3 by virtue of his 65 semester hours of college credit and associates degree but he was only paid E-1 pay.  His enlistment document, DD Form 1966/2, item 28e, education, shows that his recruiter verified his “college transcript.”  He states that his college transcript was in his records.  He provides a photo copy of his college transcript from the Dutchess Community College and copies of some of the forms from his enlistment packet.  The transcript shows that he completed 65 semester hours, 
6 of which are unspecified transferred credits.  The report shows that he was awarded an Associate Degree in Applied Science, Criminal Justice Program.  (The transcript does not show a seal that would indicate that it was an official transcript certified by the college registrar.)

EVIDENCE OF RECORD:  The applicant's military records show:

That he enlisted on 13 July 1999 at the Albany, New York, Military Entrance Processing Station (MEPS) in the Delayed Entry Program with entry into the Regular Army scheduled for 10 November 1999, for a 3 year commitment.  The DD Form 1966/2 (page 2 of the Record of Military Processing) signed by the applicant on 7 July 1999, shows in item 28e (data verification by the recruiter – education), “college transcript.”  However, the applicant’s Official Military Personnel File (OMPF), where the original enlistment documents are filed, does not contain a copy of the applicant’s college transcript.  The OMPF does contain a copy of the applicant’s high school diploma.  The DA Form 3286-59 (Statement of Enlistment), signed by the applicant and his MEPS guidance counselor on 
13 July 1999, shows in item 1d(7) that the applicant must provide proof of a college transcript.  The DA Form 1966/3 (page 3 of the Record of Military Processing), by the applicant’s MEPS guidance counselor on 15 November 1999, shows no comment in the remarks section or correction of data presented at the time of enlistment, to specify enlistment in an advanced grade.  The
DD Form 4/3 (page 3 of the Enlistment/Reenlistment Document), signed by the applicant, his recruiter, and his enlistment officer on 15 November 1999, shows that he enlisted for the pay grade E-1.

The applicant entered basic training in the pay grade E-1 on 18 November 1999. On 11 April 2000, he received an uncharacterized discharge under authority of Army Regulation 635-200, paragraph 5-13, personality disorder.  He was discharged in the pay grade E-1.  There were numerous counseling statements in his record but the applicant made no comment about his pay grade.  There is no personnel action in his record showing that he requested advancement to pay grade E-3.

Army Regulation 601–210 (Regular Army and Army Reserve Enlistment Program), paragraph 2–19, shows that the authority for an advanced enlistment grade must be entered in the remarks section of DD Form 1966/3, to include a statement that the documents used to promote the soldier have been verified.  (Example: Pay grade E-3 authorized per paragraph 2-20f and college (name) is listed in the Education Directory.  Signed by counselor effecting the enlistment.)
Paragraph 2–20 authorizes enlistment in a pay grade higher than E-1 for various levels of college semester hours and education: E-2 for 30-64 semester hours, 
E-3 for 65 or more semester hours, and E-4 for a 4 year college degree.  Paragraph 2-20l states that when the enlisting soldier lacks documentation required for advanced promotion under this paragraph at time of enlistment, the soldier may submit supporting documents to his or her personnel officer or unit commander within 6 months of enlistment.  Failure to do so within 6 months will void this advancement option.  Documents must be original, certified, and verified.  Paragraph 2-20n states that unit commanders, upon verification that a soldier is authorized the advanced promotion under this paragraph, will promote the soldier citing this paragraph as the authority.  The effective date and the date of rank will be the date the commander authorizes the promotion.  These dates will not be backdated to the date of enlistment or back pay provided.

An “official” certified college transcript from the Dutchess Community College, Poughkeepsie, New York, is produced on yellow-gold paper and has the official college stamp impressed on all pages.  The recruiting command, MEPS, or unit commander would require this official transcript to verify the semester hours earned.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s enlistment contract, signed by him, his recruiter, and his MEPS counselors, was for enlistment in the pay grade of E-1.  There was no comment on the enlistment contract in the remarks section, as required by regulation, authorizing a higher enlistment grade.  Although the application shows that a college transcript was seen by the recruiter, there is no evidence in the record that shows that the applicant provided a required “official” college transcript bearing the college’s raised seal on yellow-gold paper.  There is no copy of a college transcript in the applicant’s OMPF but there is a copy of his high school diploma.  An individual’s copy or photo copy of a college transcript is insufficient to verify semester hours required for an advanced enlistment grade.  If the applicant had provided an official college transcript, it would have been placed in his OMPF as was his high school diploma.

2.  The “Statement of Enlistment” does show that the applicant understood that he had to provide proof of his college credits by providing a college transcript.  The applicant had many opportunities while in basic training to raise the question of his enlistment pay grade but on not one of the numerous counseling statements in his official file did he raise this issue.  There is no evidence of record to prove that the applicant did in fact provide an “official” college transcript required to verify his college courses for an advanced enlistment grade at the time of enlistment or after that time to his unit commander for subsequent advancement.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__fe___  ___ho__  ___tp___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001059746	
SUFFIX		
RECON		
DATE BOARDED	20011206	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	129.05 – Pay Grade	
2.		
3.		
4.		
5.		
6.