BOARD DATE: 12 January 2017 DOCKET NUMBER: AR20160012418 BOARD VOTE: ____X_____ __X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 12 January 2017 DOCKET NUMBER: AR20160012418 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by showing he was promoted to specialist/pay grade E-4 effective and with a date of rank of 14 August 2003 and paying him any pay and allowances he is due as a result of this correction. ____________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 12 January 2017 DOCKET NUMBER: AR20160012418 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his records to show he was promoted to specialist (SPC)/pay grade E-4 effective 18 May 2003 or an appropriate date thereafter. 2. The applicant states he was in the process of completing his bachelor's degree when he enlisted in the Army National Guard (ARNG). His enlistment contract included the Civilian Acquired Skills Program (CASP) that stated he would be promoted to E-4 upon completion of 12 weeks of Initial Entry Training (IET). He states that he provided a copy of his college transcripts and diploma to both his recruiter and unit S-1 prior to reporting for basic training; however, he was not promoted. He adds that he was subsequently appointed as a Reserve commissioned officer and he wants his records to show the rank that he earned while serving as an enlisted Soldier. 3. The applicant provides copies of his: * ARNG and CASP enlistment contract annexes * Initial Active Duty for Training (IADT) orders * DD Form 214 (Certificate of Release of Discharge from Active Duty) * certificate of appreciation * certificate of discharge CONSIDERATION OF EVIDENCE: 1. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), with annexes, shows the applicant enlisted in the grade of E-3 in the ARNG of the United States (ARNGUS) on 21 March 2003 for a period of 8 years and also in the Kentucky ARNG (KYARNG) for a period of 6 years. a. He enlisted for a $3,000 enlistment bonus and training in military occupational specialty (MOS) 46R (Broadcast Journalist). b. A CASP Agreement – ARNG shows he enlisted for CASP MOS 46R with appointment to grade E-4 upon completion of basic training, prerequisite advanced individual training (AIT), and IADT. The applicant signed the form on 21 March 2003; however, it does not show the name or signature of the enlisting official. 2. Louisville Military Entrance Processing Station, Louisville, KY, Orders 052-14, dated 24 March 2003, ordered the applicant to IADT on 19 May 2003 for a period of 12 weeks for completion of basic training and AIT (MOS 46R, CASP) at Fort Leonard Wood, MO. 3. A DD Form 214 shows the applicant entered active duty this period on 18 May 2003. He was honorably released from IADT on 14 August 2003 and transferred to the KYARNG. He completed 2 months and 27 days of net active service this period and 1 month and 27 days of total prior inactive service. It also shows in: * item 4a (Grade, Rate or Rank): PFC * item 4b (Pay Grade): E3 * item 11 (Primary Specialty): 46R1O, Broadcast Journalist * item 12 (Record of Service), block h (Effective Date of Pay Grade): 21 March 2003 * item 14 (Military Education): Broadcast Journalist, 4 Weeks Applicatory Training, 2003 4. An NGB Form 22 (Report of Separation and Record of Service) shows the applicant enlisted on 21 March 2003 and was honorably discharged from the KYARNG on 12 August 2005 for appointment as a commissioned officer. He had completed 2 years, 4 months, and 22 days of net service this period. It also shows in: * item 5a (Rank): PFC * item 5b (Pay Grade): E3 * item 6 (Date of Rank): 21 March 2003 5. The applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant (O-1) in the ARNGUS and KYARNG on 13 August 2005. He is currently serving in the grade of rank of major (O-4). 6. In support of his application the applicant provides the following documents: a. Certificate of Appreciation, dated 18 August 2003, presented to the applicant by the Deputy Director for Public Affairs, Fort Leonard Wood, MO, for outstanding service during his training with the installation Public Affairs Office. b. Department of Military Affairs, Boone National Guard Center, Frankfort, KY, Orders 055-833, dated 24 February 2004, that attached the applicant to Headquarters, 238th Regiment, effective 25 February 2004. 7. In the processing of this case, an advisory opinion was obtained from the Deputy Chief, Personnel Policy Division, National Guard Bureau (NGB), Arlington, VA. a. The advisory official recommends partial administrative relief. The NGB Enlisted Policy Branch and KYARNG concur with the advisory official's recommendation. b. The NGB advisory official states the applicant enlisted in the KYARNG on 21 March 2003. He signed a CASP agreement for MOS 46R, but it was not signed by the enlisting official. However, the applicant's DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows the intent for him to enlist under the CASP. In addition, KYARNG Orders 052-14, dated 24 March 2003, that ordered him to IADT show the CASP and MOS 46R. c. The advisory official notes that an individual who has been awarded a bachelor's degree or higher may enlist at any time at the pay grade of E-4. In the case of a Regular Army enlistee, the individual has until the day they report for active duty to earn their degree. The applicant was not awarded his degree until nearly 2 months after his date of enlistment. Since the applicant did not meet the criteria for his degree at the time of enlistment, he was not eligible for pay grade of E-4 under this policy. For this reason, the advisory official recommends denial of the portion of the request to correct the applicant's records to show he attained the rank of SPC (E-4) based on conferment of a bachelor's degree. d. The advisory official further offers that in this case, the CASP agreement the applicant signed specifically states, "Enlistment for CASP MOS 46R with appointment to grade E-4 upon completion of basic training, prerequisite AIT and IADT." The applicant's DD Form 214 confirms his completion of this training on 14 August 2003. Based on the requirements outlined in the CASP agreement and his completion of the training requirements, the NGB advisory official recommends the applicant's records be corrected to show he achieved the rank of SPC (E-4) on 15 August 2003 with payment of all back-pay and allowances due as a result of this correction. 8. On 3 November 2016, the applicant was provided a copy of the NGB advisory opinion to allow him the opportunity (30 days) to submit comments or a rebuttal. A response was not received from the applicant. REFERENCES: Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in effect at the time, prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army (RA) and the Army Reserve (AR). Chapter 2, paragraph 2-18 (Enlistment pay grades for personnel without prior service) applies to RA and AR Delayed Entry Program applicants. It shows, in pertinent part, that an applicant who has successfully completed a degree-producing college program of 4 years duration and the college or university is listed in the Accredited Institutions of Postsecondary Education (and has been awarded a bachelor's or higher degree) may enlist at any time at pay grade specialist. DISCUSSION: 1. The applicant requests, in effect, correction of his records to show he was promoted to SPC (E-4) effective 18 May 2003 or an appropriate date thereafter. 2. Records show the applicant enlisted in the ARNGUS and the KYARNG on 21 March 2003 with an ARNG CASP Agreement for MOS 46R. a. The CASP agreement was not signed by the enlisting official. However, KYARNG orders that subsequently ordered the applicant to IADT (on 18 May 2003) cited the CASP agreement with MOS 46R. b. The evidence of record shows the applicant completed his bachelor's degree at about the same time he was ordered to IADT (i.e., in May 2003). c. The applicant completed IADT on 14 August 2003 and was awarded MOS 46R. d. He continued to serve in the KYARNG in the rank of E-3 until he was honorably discharged (on 12 August 2005) to accept an appointment as a commissioned officer. 3. Based on the requirements outlined in the CASP agreement and his completion of the training requirements, the NGB advisory official recommends the applicant's records be corrected to show he achieved the rank of SPC (E-4) on 15 August 2003 with payment of all back-pay and allowances due as a result of this correction. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012418 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012418 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2