BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20170005590 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: 7 September 2017 DOCKET NUMBER: AR20170005590 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 records of the individual concerned be corrected by adjusting his date of rank to SPC/E-4 to 6 October 2015 and paying him all back pay and allowances 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: 7 September 2017 DOCKET NUMBER: AR20170005590 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 correction of his records to show he enlisted in the Regular Army (RA) in the rank/grade of specialist four (SPC)/E-4 instead of private first class (PFC)/E-3. 2. The applicant states he earned a bachelor's degree in psychology prior to entering the Army, but he could not get the documents until after he started basic training. He brought up the issue during basic training, but the drill sergeants told him to take care of it when he got to advanced individual training (AIT). While in AIT, the platoon sergeants told him he couldn't do anything about it until he was assigned to his first duty station. At his first duty station, the retention noncommissioned officer told him there was nothing he could do about it. 3. The applicant provides Rutgers University transcripts and a Bachelor of Arts Diploma. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) on 1 September 2015, in pay grade E-1. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows he was discharged from the DEP for immediate enlistment in the RA and he enlisted in the RA on 6 October 2015, in pay grade E-3. 2. The applicant's DD Form 1966 (Record of Processing – Armed Forces of the United States) shows in Section VI (Remarks) the entries: * Rutgers Univ[ersity] is listed in the Accredited Institutions of Postsecondary Education (AIPE) * Enlistment grade is E-3 [in accordance with Army Regulation] 601-210 [Active and Reserve Components Enlistment Program] paragraph 2-18 [Enlistment pay grades for personnel without prior service] 3. The applicant provided a Rutgers University transcript and a Bachelor of Arts Diploma that show he was conferred a Bachelor of Arts degree on 1 October 2015. 4. The applicant was promoted to the rank/grade of SPC/E-4, effective 1 May 2017 with a waiver. 5. During the processing of this case, an advisory opinion was obtained from the U.S. Army Office of the Deputy Chief of Staff, G-1, Recruiting Policy Branch. The advisory opinion states: a. The enclosed application for correction of military records has been reviewed. It was discovered the applicant correctly enlisted into the DEP in pay grade E-3. b. Records show at the time of his enlistment into the DEP, he did not provide proof of his bachelor's degree. There was no evidence he had a bachelor's degree prior to his entry on active duty on 6 October 2015. However, based on the transcript he provided with this action, it is clear his Bachelor of Arts degree was conferred on 1 October 2015, which was prior to his entry on active duty. c. Army policy provides that Soldiers who lack documentation required for advanced promotion at the time of enlistment may submit supporting documents to the personnel officer within 6 months of enlistment. However, new Soldiers often encounter challenges providing documents to personnel officers within 6 months of entry onto active duty, especially when they are in a training environment. d. Based on the review above, administrative relief is recommended in this case. The applicant should be retroactively promoted to pay grade E-4, effective 6 October 2015, which coincides with the date he entered active duty. This opinion is based on regulatory guidance outlined in Army Regulation 601-210, chapter 2, as well as the review of the enclosed application, and other source documents. 6. The advisory opinion was provided to the applicant to allow him the opportunity to provide additional comments or a rebuttal. He responded and expressed his concurrence with the advisory opinion. REFERENCES: Army Regulation 601-210 governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the RA, the United State Army Reserve, and Army National Guard. Paragraph 2-18 states that persons enlisting in the RA without prior service will be enlisted in the rank/grade of private/E-1. Exceptions are as follows: a. An applicant who has successfully completed 48 or more classroom semester hours (72 or more quarter hours) (without a 4-year degree) at an accredited degree granting college or university listed in the AIPE may enlist at any time at the rank/grade PFC/E-3. Applicants with an associate degree will be enlisted at rank/grade PFC/E-3 without regard to the number of semester or quarter hours completed. b. An applicant who has successfully completed a degree-producing college program of 4 years in duration and the college or university is listed in the AIPE and has been awarded a bachelor's degree or higher may enlist at any time at the rank of SPC/E-4. Advanced promotion is authorized if the college or university provides a letter stating the applicant has met all requirements for a degree, but it will not be awarded until the commencement ceremony. DISCUSSION: 1. The evidence of record shows the applicant enlisted in the RA on 6 October 2015 in the rank/grade of PFC/E-3. 2. The evidence further shows the applicant was awarded his Bachelor of Arts degree on 1 October 2015, which was prior to his enlistment in the RA. Therefore, he should have been enlisted in the rank/grade of SPC/E-4. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170005590 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170005590 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2