PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          13 August 2002
	DOCKET NUMBER:   AR2002072590

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Lana E. McGlynn		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 her promotion date to specialist/E-4 (SPC/E-4) be changed to 10 August 2000, the date she entered the Army.

3.  The applicant states, in effect, that she earned a Bachelor of Arts (BA) degree in psychology on 29 July 2000, prior to her enlistment in the Army.  She also states that she was informed by recruiting personnel at the Albuquerque, New Mexico, Military Entrance Processing Station (MEPS), that because she had earned her BA degree, she was eligible to enter the Army in the rank of SPC/E-4 and that her entry grade would be adjusted when she arrived at Fort Leonard Wood, Missouri, for training.  She further states that her entry grade adjustment did not take place at Fort Leonard Wood, and she was finally promoted to SPC/E-4 on 1 April 2002.  In support of her application, she submits a copy of her college transcript, BA degree diploma, a Statement of Understanding- Army Policy United States Army Recruiting Command (USAREC) Addendum to 
DD Form 1966 Series (USAREC Form 1150-R-E), and a Statement For Enlistment, US Army Enlistment Program, US Army Delayed Enlistment Program (DA Form 3286-59).

4.  The applicant’s military records show that she enlisted on 10 August 2000, and entered the Regular Army in the pay grade of E-3, under the provisions of Army Regulation 601-210, Chapter 2, paragraph 2-20.  She is currently serving on active duty and is assigned to Fort Drum, New York.

5.  The college transcript provided by the applicant from the University of New Mexico confirms that she was awarded a BA degree in psychology on 29 July 2000.  The University of New Mexico is an accredited university that is listed in the Accredited Institutions of Postsecondary Education Book.

6.  In the processing of this case an advisory opinion requested of and received from the Chief, Retention Management Division, Total Army Personnel Command (PERSCOM).  It indicated that the governing regulation stipulates that individuals who successfully complete a degree producing college program of 
4 years duration, and who were awarded a Bachelor’s or higher degree, at an accredited institution that is listed in the Accredited Institutions of Postsecondary Education Book, published by the American Council on Education, are authorized enlistment in the grade of E-4.  Finally, the PERSCOM Chief, Retention Management Division, stated that a review of the records in this case revealed that the applicant was awarded a Bachelor’s degree on 29 July 2000, and therefore was eligible for advance promotion upon enlistment; and he recommended that the applicant’s request be approved and that her promotion effective date and date of rank to SPC/E-4 be adjusted to 10 August 2000.  

7.  On 18 June 2002, the applicant was forwarded a copy of the PERSCOM advisory opinion for comments.  On 24 June 2002, she provided her concurrence.

8.  Army Regulation 601-210 prescribes the policies that govern eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army.  Chapter 2, paragraph 2-20(f) states, in effect, that individuals who possess 60 or more semester hours from an Accredited Institution listed in the Post-secondary Education book published by the American Council on Education may enlist in the pay grade of E-3.  Paragraph 2-20(g), states that to enlist in the pay grade of E-4, an individual must have documentation from a degree producing college program of 4 years duration, the institution must be listed in the Accredited Institutions of Post-secondary Education book, and the applicant must have been awarded a bachelor’s or higher degree.  Paragraph 2-20(n), states that individuals who lack documentation to support a claim of entitlement to a higher enlistment grade under table 2-3 at the time of enlistment may present such documentation at any time up to 12 months from the date of entry into the Regular Army or USAR.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that the date of her promotion to specialist should be changed to 10 August 2000, the effective date of her enlistment into the Army and it finds this claim has merit.

2.  By regulation, individuals are authorized to enlist in the pay grade of E-4 if they have earned a bachelor’s degree from a degree producing college program of 4 years duration at an accredited institution.  The evidence of record confirms that the applicant completed a four year degree program and earned a BA degree from an accredited institution prior to her enlistment in the Army.  

3.  In view of the facts of this case, the Board concurs with the findings and recommendations contained in the PERSCOM advisory opinion, which confirm that the applicant was entitled to enlist in the Army in the pay grade E-4.  Therefore, it concludes that it would be appropriate to adjust the applicant’s promotion effective date and date of rank to SPC/E-4 to 10 August 2000, and to provide her any back pay and allowances due as a result. 

4.  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 individual concerned was enlisted in the pay grade E-4 on 
10 August 2000; by adjusting her SPC/E-4 promotion effective date and date of rank to 10 August 2000 accordingly; and by providing her all back pay and allowances due as a result of these corrections. 

BOARD VOTE:  

__FNE__  __ TSK  _  __LEM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn  _
		   CHAIRPERSON

INDEX

CASE ID	AR2002072590	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/13	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	112.0200	
2.		
3.		
4.		
5.		
6.