MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  
	
.
	BOARD DATE:  22 October 2002
	DOCKET NUMBER:  AR2002070783

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Ms. Shirley Powell		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, on two separate applications, that item 6a (Grade, Rate, or Rank) be corrected to show the entry "PFC" instead of the entry "PV2", that item 6b (Pay Grade) be corrected to show the entry "E-3" instead of the entry "E-2", and that item 20 (Highest Education Level Successfully Completed [In years]) be corrected to show the entry "college 3 yrs" (years) instead of the entry "college 0 yrs" of his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also requests that item 2 (Highest School Grade Completed) be corrected to show the entry "L" instead of the entry "E" of his DD Form 4 (Enlistment Contract – Armed Forces of the United States).

APPLICANT STATES:  In effect, that his DD Form 214 and DD Form 4 are incorrect and that he had a contract with the Army for "Stripes for Skills" which entitled him to enlist in the pay grade of E-3.  In support of his application, he submits a copy of his DD Form 214, DD Form 4, and a letter from the Georgia Southwestern State University Registrar's Office.

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

He enlisted on 26 April 1974, as a combat engineer (12), for a period of 3 years in the pay grade of PV1/E-1.

Item 6a of his DD Form 214 shows the entry "PV2", item 6b shows the entry
"E-2", and item 20 shows the entry "college 0 yrs."

Item 2 of his DD Form 4 shows the entry "E."

Item 48 of his DD Form 4 shows that he enlisted for "Army Special Unit Enl Opt"
(Enlisment Option), 4th Infantry Division, Fort Carson, Colorado in military occupational specialty (MOS) 12B.  His contract does not show that he enlisted under the "Stripes for Skills" Program.

Item 9 (Education) of the applicant's DD Form 398 (Statement of Personal History) shows that the applicant was a high school graduate and was presently attending Georgia Southwestern State University from June 1969 to Mar 1974; however, he was not a graduate.

The applicant was honorably discharged on 15 August 1974, under the provisions of Army Regulation 635-200, chapter 5-9, for failure to meet established minimum physical readiness standards.  He completed 3 months and 5 days of creditable service.

The applicant provided a copy of a letter from Georgia Southwestern State University Registrar's Office, dated 24 January 2002.  This letter was prepared 
to certify that the applicant was enrolled from January 1973 through March 1974 and transferred 45 hours from his previous college and earned 45 hours at Georgia Southwestern.  His total credits earned were 90 hours, which was equivalent to a junior in college or 3 years of college.

The applicant provided a copy of his transcript, dated 7 October 2002, from Georgia Southwestern State University which shows that he had earned a total of 91 quarter hours prior to his enlistment and now has an overall total of 191 earned quarter hours.

Army Regulation 601-210, in effect at that time, prescribed the eligibility criteria, policies, and procedures for processing civilian applicants with or without prior service into the Regular Army.  Paragraph 2-10 pertained to enlistment pay grades for personnel without prior service.  It stated that table 2-9 prescribes 
enlistment pay grades for qualified applicants without prior service.  

Table 2-9, Rule E, stated that individuals who had successfully completed an accredited, degree-producing program of 2 years duration and did not participate in Senior Reserve Officer Training Corps (SROTC), would enlisted in pay grade 
E-3 and those who completed 4 years in duration would enlist in pay grade E-3, with advancement to E-4 after 4 months of active military duty.  Soldiers who lack documentation at time of processing for enlistment may submit supporting documents to their personnel office at any time prior to completion of four months of service.  Documentation would support entitlement for enlistment pay grade which existed prior to application for enlistment.  Effective date for records, pay, and date of rank for pay grade in which enlisted would be adjusted to the date of entry on active duty upon presentation of such documentation.  

Table 4-5 of the same regulation provided instructions for completion of the 
DD Form 4.  It stated that item 2 (Highest School Grade Completed) would be completed to shows the appropriate code for highest civilian school level completed.  Code "E" would be used to indicate high school graduate without regard to number of years of high school completed.  Code "K" would be used to show completion of 3 years of college.

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 clearly shows that he enlisted in the pay grade of E-1 on 26 April 1974, and had not completed the required college
credits prior to entry to qualify for enlistment in pay grade E-3.

2.  The evidence of record shows that the applicant presented his college transcript, dated 7 October 2002, which shows that he had accumulated a total of 91 quarter hours that entitled him to enlist in the pay grade of E-3.  

3.  The applicant was entitled to submit documentation to his personnel office at any time prior to completion of four months of service.  However, he was discharged after completion of 3 months and 5 days of creditable service and
presented documentation 28 years after his separation from service.  Therefore, he is not entitled to correction of item 6a of his DD Form 214 to show the entry "PFC", item 6b to show the entry "E-3", and item 20 to show the entry "college
3 yrs", or correction of item 2 of his DD Form 4 to show the entry "L."

4.  The Board notes the applicant's contention that he had a contract with the Army for "Stripes for Skills" which entitled him to enlist in pay grade E-3; however, the evidence of record clearly shows that he enlisted for the "US Army Special Unit Enlistment Option."

5.  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.

6.  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____  ___ea___  ___sp__  DENY APPLICATION

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

INDEX

CASE ID	AR2002070783	
SUFFIX		
RECON		
DATE BOARDED	20021022	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19740815	
DISCHARGE AUTHORITY	AR  635-200. 5-9	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  222		
2.		
3.		
4.		
5.		
6.