MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            23 April 2002
	DOCKET NUMBER:   AR2001062142

	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	
	Ms. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Thomas Lanyi		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:  That his date of rank to pay grade E-4 be changed from 14 March 2001 to 7 June 1999.

APPLICANT STATES:  That he entered the Army on 7 June 1999 and needed 100 college credits to come in as an E-4.  His recruiter informed him that he only had 90 credits at the time when he really had 108 credits.  He states that the mistake went unnoticed so he came in as an E-3.  

In support of his application, the applicant submits a copy of his Associate of Applied Science Degree and transcript from the ITT Technical Institute; USAREC Form 1150-R-E (USAREC Addendum to DD Form 1966 Series); and enlistment reservation information.

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

The applicant graduated from the ITT Technical Institute in Dayton, Ohio, on 28 May 1999 with an Associate of Applied Science Degree for Electronics Engineering Technology.  

He enlisted in the Regular Army in June 1999 for a period of 4 years.  The applicant is currently serving on active duty in the rank of specialist (SPC).

At the time of his enlistment, the applicant acknowledged on his USAREC Form 1150-R-E that, in accordance with Army Regulation 601-210, paragraph 2-20h, he was authorized enlistment in pay grade E-3.  

The applicant's USAREC Form 1150-R-E indicates that the ITT Technical Institute was listed in the Commission on Recognition of Postsecondary Accreditation book.

The applicant was promoted to the rank of specialist (SPC)/pay grade E-4 on 14 March 2001.

In the processing of this case, an advisory opinion was obtained from the Assistant Army Recruiting Policy NCO, Recruiting Policy Branch.  The opinion points out that the applicant enlisted under Chapter 2 of Army Regulation 601-210, at the grade of E-3 which was the authorized grade based on an Associates Degree.  The opinion also states that the applicant could have enlisted as an E-4 if he had completed a Bachelor’s Degree.  In conclusion, this office recommended that no further action be taken.

On 21 November 2001, the advisory opinion was furnished to the applicant for his review and possible rebuttal.  However, he has not responded as of 16 April 2002.

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 2-20h provides that an applicant who has successfully completed two or more academic years of a postsecondary vocational-technical school and has received a certificate of training attesting to successful completion of the course, can enlist at any time in pay grade E-3.  The school must be listed in the Accredited Institutions of Postsecondary Education book, published by the American Council on Education.

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

1.  The applicant was accredited an Associate of Applied Science Degree from the ITT Technical Institute on 28 May 1999.  

2.  The applicant enlisted in the Regular Army in June 1999 in pay grade E-3.

3.  At the time of his enlistment, the applicant initialed his USAREC Form 1150-R-E (USAREC Addendum to DD Form 1966 Series) attesting to the fact that he was authorized enlistment in pay grade E-3.

4.  Based on the governing regulation, in effect at the time, the applicant was authorized enlistment in pay grade E-3 for successful completion of two years or more academic years of a post-secondary vocational-technical school.

5.  He was promoted to the rank of SPC/pay grade E-4 on 14 March 2001.

6.  Based on the foregoing, there is no error or injustice in regard to the applicant's enlistment in pay grade E-3 or his date of rank to E-4.  Therefore, there is no basis for adjusting his date of rank to pay grade E-4 from 14 March 2001 to 7 June 1999. 

7.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

8.  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

KAK_____  MDM___  TL______  DENY APPLICATION

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

INDEX

CASE ID	AR2001062142	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020423	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	112.0200	
2.		
3.		
4.		
5.		
6.