IN THE CASE OF: BOARD DATE: 10 May 2016 DOCKET NUMBER: AR20160003117 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: 10 May 2016 DOCKET NUMBER: AR20160003117 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 showing he enlisted in the Regular Army in pay grade E-4 on 20 May 2014 with entitlement to all 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: 10 May 2016 DOCKET NUMBER: AR20160003117 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 military records to show he enlisted in the Regular Army (RA) in pay grade E-4 effective 20 May 2014 with entitlement to back pay and allowances. 2. The applicant states he enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) and shipped out after graduating with a Bachelor’s degree. His records did not properly annotate his degree. 3. The applicant provides copies of: * letter from Minnesota State University * official transcript * Bachelor of Science diploma * DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States) * Enlisted Record Brief * two DA Forms 4187 (Personnel Action) CONSIDERATION OF EVIDENCE: 1. The applicant provides a copy of a letter, dated 2 January 2014, in which the Registrar's Office, Minnesota State University, verified he would receive his Bachelor of Science Degree in Automotive Engineering on 10 May 2014. 2. He enlisted in the DEP, in pay grade E-3, on 15 January 2014. 3. He also provides a copy of his Bachelor of Science diploma, dated 9 May 2014. 4. He was discharged from the DEP on 19 May 2014. He enlisted in the RA, in pay grade E-3, on 20 May 2014. 5. He further provides copies of two DA Forms 4187 on/for: * 24 November 2014 – advancing him to pay grade E-4 with an effective date and date of rank of 5 November 2014 * 28 January 2015 – stating he enlisted in the DEP on 15 January 2014, earned a Bachelor’s degree on 10 May 2014, and met the requirements for promotion to E-4 as he received his degree prior to his basic active service date of 20 May 2014 6. In an advisory opinion, dated 31 March 2016, the Chief, Recruiting Policy Branch, Office of the Deputy Chief of Staff, G-1, stated: a. A review of the applicant's military records discovered that he was correctly enlisted into the DEP in pay grade E-3 on 15 January 2014. At the time of enlistment in the DEP he had not completed the requirements for award of a Bachelor’s degree. However, prior to shipping to active duty on 20 May 2014, he contends that he provided recruiting personnel proof that his bachelor’s degree was awarded on 9 May 2014. If the applicant actually provided recruiting personnel proof of degree completion prior to shipping to active duty, his pay grade at entry should have been E-4. It appears that an administrative oversight occurred at the Military Entrance Processing Station by not promoting him to E-4 prior to shipping him to active duty. b. Army policy stated Soldiers who lacked documentation required for advanced promotion at time of enlistment could submit supporting documents to the personnel officer within 6 months of enlistment. However, new Soldiers often encountered challenges providing documents to personnel officers within 6 month of entry onto active duty, especially when they were in a training environment. c. The opinion was 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. It was recommended that the applicant be retroactively promoted to pay grade E-4 effective 20 May 2014, which coincided with the date that he enlisted onto active duty. 7. The advisory opinion was provided to the applicant on 4 April 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 15 January 2014 and in the RA on 20 May 2014 in pay grade E-3. He had not completed the requirements for award of a degree at the time of his DEP enlistment. Minnesota State University awarded him a bachelor’s degree on 10 May 2014. This was prior to his entry on active duty on 20 May 2014. 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 20 May 2014, 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) AR20160003117 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003117 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2