PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            22 March 2000                  
	DOCKET NUMBER:   AR1999032597

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Arthur A. Omartian		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 that his date of rank to private first class (PFC) be backdated to his basic active service date.

3.  The applicant states on the day he signed his enlistment contract, he was eligible to enter the Army as a PFC since he had more than 60 hours of college credit.  His recruiter informed him that he would be promoted to PFC on arrival at basic training.  That action never took place.

4.  In support of his request, he has provided a copy of his college transcript showing that he has 62.5 semester hours of college credit, a letter of verification by the installation education director certifying that he college credit meets the standards set by the Army and a copy of his Personnel Qualification Record.

5.  The applicant’s military records show that he enlisted in the Regular Army on 29 December 1998 in pay grade E-2 (PV2).  He is currently on active duty in the grade of PFC.

6.  The applicant’s college transcript shows that he completed 62.5 semester hours of post-secondary education credit as verified by the Education Counselor at Fort Riley, Kansas.

7.  Army Regulation 601-210, Regular Army and Army Reserve Enlistment Program, provides in pertinent part, that an applicant who has completed 60 or more classroom semester hours of an accredited college or university listed in the Accredited Institutions of Post-secondary Education book and who enlist at any time will be enlisted in grade PFC.

CONCLUSIONS:

1.  Based on the regulatory guidance then in effect, the applicant should have been enlisted in the grade of PFC on 29 December 1998 rather than PV2.

2.  Accordingly, the applicant should be retroactively promoted to the grade of PFC with a date of rank of 29 December 1998 and paid all appropriate back pay due.

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: 

	a.  showing that the individual concerned was promoted to the grade of PFC upon his entrance on active duty on 29 December 1998;

	b.  showing his date of rank as a PFC as 29 December 1998; and

	c.  paying to him any back pay due as a result of this retroactive promotion.

BOARD VOTE:  

__jma___  _tsk_____  _aao____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___James M. Alward________
		        CHAIRPERSON

INDEX

CASE ID	AR1999032597	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000322	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.  112.02		
2.   128.14		
3.		
4.		
5.		
6.