IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20160000717 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 IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20160000717 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 amending his enlistment contract to show he enlisted in the Regular Army, in pay grade E-4, on 12 May 2015, with entitlement to back pay and allowances. _____________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. IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20160000717 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 enlistment in the Regular Army (RA) to show he enlisted in the rank/grade of specialist (SPC)/E-4 vice private first class (PFC)/E-3, on 12 May 2015, with entitlement to back pay and allowances. 2. The applicant states upon his initial enlistment in the RA on 12 May 2015, he had already completed the required credit for his Bachelor of Business Administration degree in April 2015. However, he did not receive his diploma from the university until after his enlistment. He submitted his transcripts that stated he had completed over 121 college credits. This was the requirement for the degree. He also submitted a letter from the university stating that he had met the requirements for his degree. He was still enlisted as a PFC/E-3 due to the lack of his diploma. 3. The applicant provides: * DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States) * email and letter from the American Public University * official transcripts * bachelor degree diploma CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP), in pay grade E-3, on 13 April 2015. He was discharged from the DEP on 11 May 2015. He enlisted in the RA, in pay grade E-3, on 12 May 2015. 2. He provides copies of: * email, dated 12 May 2015, and an undated letter from the American Public University confirming his completion of all the required program requirements needed for a Bachelor of Business Administration degree with a declared conferral date of 15 August 2015 * Bachelor of Business Administration diploma, dated 15 August 2015 * official transcript, dated 29 December 2015 3. In an advisory opinion, dated 21 March 2016, the Chief, Recruiting Policy Branch, Office of the Deputy Chief of Staff, G-1, stated: a. After review of the applicant's request it was discovered that the applicant was correctly enlisted into the DEP in pay grade E-3 on 13 April 2015. At the time of his enlistment in the DEP he had not completed the requirements for award of a bachelor degree. However, prior to shipping to active duty on 12 May 2015, he stated that he had met all requirements for award of his bachelor degree, but could not receive the degree (based on school policy) until 15 August 2015. Correspondence from the school's academic department on 12 May 2015 confirmed that the applicant had satisfied the academic requirements for his degree prior to shipping onto active duty and validated that his bachelor degree would be conferred on 15 August 2015, which is the same day that the degree was subsequently conferred. b. Army policy states Soldiers who lack documentation required for advanced promotion at 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 month of entry onto active duty, especially when they are in a training environment. The opinion is based on regulatory guidance outlined in Army Regulation 601-210 (Active and Reserve Components Enlistment Program), chapter 2, as well as the review of the enclosed application and other source documents. The Army G-1 recommends the applicant be retroactively promoted to pay grade E-4 effective 12 May 2015, which coincides with the date that he was enlisted onto active duty. 4. The advisory opinion was provided to the applicant on 23 March 2016 for acknowledgement/rebuttal. He did not respond. REFERENCES: Army Regulation 601-210 prescribes the eligibility criteria governing the enlistment of persons in the RA and Reserve Components. The regulation states in paragraph 2-18a(9), an applicant who has successfully completed a degree-producing college program of 4 years duration may enlist at any time in pay grade 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 applicant enlisted in the DEP in 13 April 2015 and in the RA on 12 May 2015, in pay grade E-3. At the time of his enlistment in the DEP he had not completed the requirements for award of a bachelor degree. The American Public University confirmed on 12 May 2015 that he had satisfied the academic requirements for his bachelor's degree prior to his entry in the RA. According to school policy his degree was conferred on 15 August 2015. 2. By regulation, Soldiers who have successfully completed a degree-producing college program of 4 years duration may enlist at any time in pay grade E-4. The documentation required for advanced promotion at time of enlistment could be submitted within 6 months of enlistment. It appears he met all the requirements for enlistment in the RA in pay grade E-4 on 12 May 2015, with entitlement to back pay and allowances. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000717 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000717 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2