PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           6 January 2000                  
	DOCKET NUMBER:   AR1999029827

	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. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Allen L. Raub		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, correction of his enlistment record to show that he was enlisted with the rank of private first class (PFC), pay grade E-3, on 
31 March 1998.   

3.  The applicant states, in essence, that he provided his recruiter a copy of his college transcripts at the time of enlistment.  He understands that he should have been enlisted in pay grade E-3 instead of pay grade E-2, with the rank of private. He provides a copy of these documents with his application.  

4.  The applicant’s military records show that he served in the Mississippi Army National Guard (MSARNG) from 26 April 1997 until he enlisted in the Regular Army (RA) on 31 March 1998.  His rank was private, pay grade E-2, with a date of rank from 29 May 1997.  

5.  On 31 March 1998, the applicant voluntarily enlisted in the RA for 3 years, with the rank of private, pay grade E-2, for training in military occupational specialty (MOS) 13B (Cannon Crewman). 

6.  At the time of enlistment in the RA, he had accrued 104 quarterly academic hours of instruction at Jackson State University, Jackson, Mississippi, between the fall term of 1994 and the spring term of 1997.  NOTE:  Jackson State University is an accredited university listed in the American Council on Education’s Accredited Institutions of Post Secondary Education handbook.  

7.  On 22 September 1999, the office of the Deputy Chief of Staff for Personnel (ODCSPER) provided the Board an advisory opinion which recommended approval of the applicant’s request.  The opinion noted, in pertinent part, that in accordance with Army Regulation 601-210, paragraph 2-20f, that a soldier enlisting in the RA who has completed 60 or more semester hours (90 or more quarterly hours) at an accredited college, as listed in the American Council on Education’s Accredited Institution of Postsecondary Education handbook, may be enlisted in pay grade E-3.  Therefore, the ODCSPER recommended that the applicant’s records should be corrected to show that he enlisted in pay grade 
E-3, with a date of rank from 31 March 1998.    

8.  This advisory opinion was provided to the applicant who concurs in the opinion.  

CONCLUSIONS:

1.  The evidence of record shows that the applicant had completed more than 
90 quarterly or 60 semester hours of college credit prior to the time of his enlistment in the RA on 31 March 1993.  

2.  In accordance with Army regulations then in effect, he was entitled to be enlisted on 31 March 1998 with the rank of PFC, pay grade E-3, rather than the rank of private, pay grade E-2.  This is supported by the opinion the Board has received from the ODCSPER.  

3.  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 RA on 31 March 1998, in pay grade E-3, in accordance with Army Regulation 601-210, paragraph 2-20f.

BOARD VOTE:  

__SK____  __ALR__  __EW___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999029827	
SUFFIX		
RECON		
DATE BOARDED	20000107	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	112.02	
2.		
3.		
4.		
5.		
6.