IN THE CASE OF: BOARD DATE: 3 February 2022 DOCKET NUMBER: AR20210009840 APPLICANT REQUESTS: correction of his rank at the time of enlistment from private first class (PFC)/E-3 to specialist (SPC)/E-4 and back pay. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document) * Enlisted Record Brief * Bachelor of Arts Diploma * Transcript Order * Email * DA Form 1559 (Inspector General Action Request) * Self-authored statement FACTS: 1. The applicant states he would like correction of his grade/rank at the time of enlistment to reflect SPC/E-4 with a date of rank (DOR) of 30 December 2019 in accordance with (IAW) Army Regulation (AR) 601-210 (Regular Army and Reserve Components Enlistment Program), para2-18a (13), which states individuals qualified under the Army Civilian Acquired Skill Program may enlist at any time at pay grade E-4. a. This correction should be made because he attempted to correct his rank multiple times while at Basic Combat Training (BCT) and Advanced Individual Training (AIT) at Fort Leonard Wood, MO. As documented in the enclosed DA Form 1559 (Inspector General Action Request), each time he requested to go to the S-1, he was denied permission. He was also told that he would have to take care of that when he got to his duty station, and that the Training and Doctrine Command S-1 would not be able to correct it since they only deal with Training and Doctrine Command matters. b. In addition, due to COVID 19 he was not allowed to leave the barracks area after multiple requests to go to the S-1. His parents even sent a letter and a copy of his certified transcript to his commander at BCT/AIT to see if he could assist him in taking care of his rank correction. He told him he received the letter, but still nothing was done to help correct it. While at Fort Benning, his sponsor from Italy contacted him and he asked about getting this corrected after he arrived at his duty station there. He checked with the S-1 who told him it should've been done already. c. He got in contact with his recruiter's First Sergeant, who assisted him in submitting the required documentation, but by the time it was submitted, it was 2 weeks past the 6-month deadline. If not for the COVID-19 quarantines, which delayed his Airborne School date, then orders to remain in the company area while in quarantine as a holdover for 2 months at Fort Benning, he would have been at his unit within the 6 months. COVID-19 made it impossible for him to take care of this in the normal time frame. He is asking for his rank to be backdated to 30 December 2019. 2. Review of the applicant's service records shows: a. On 8 May 2019, he enlisted in the U.S. Army Reserve in the Delayed Entry Program. His enlistment records show he had not yet completed his degree at West Virginia University. On 30 December 2019, he enlisted in the Regular Army for 3 years in the rank/grade of private first class/E-3. b. The applicant remains on active duty and he was advanced to SPC/E-4 effective 30 December 2021. 3. The applicant provides: a. A Bachelor of Arts Diploma, dated 21 December 2019. b. A request form to West Virginia University that shows a transcript order was received on 6 January 2020 for issue to a third party recipient. c. An email from his father that shows he enclosed the applicant’s official college transcript showing he graduated from West Virginia University on 21 December 2019, but his degree was certified on 6 January 2020. He reported to Military Entrance Processing Station (MEPS) on 30 December 2010 to leave for basic training. The university said they had to finish certifying the entire class before any individual’s degree was certified. The MEPS personnel said he could either wait until after his degree was certified to leave as a specialist/E-4, or leave today and take care of the paperwork later. If he would have postponed his departure, he would not have gotten the combat engineer military occupational specialty with the airborne option. His father says he advised the applicant to go ahead and leave, and the paperwork would get taken care of later. On 6 January 2020, the day his graduation was certified, the recruiter was given a copy of his transcript and it was uploaded into iPERMS while the applicant was in reception. The recruiter stated that the transcript would be in the applicant’s file, and all he would have to do is go to finance to get his rank corrected. d. An IG request for his date of rank to be corrected and his pay to be backdated to the date he entered the Army. In his request he provides a timeline of events and notes he tried to have his records corrected on several occasions 4. On 8 November 2021, an advisory opinion was received from the Chief, Force Alignment Division, Office of the Deputy Chief of Staff, G-1. The advisory official opined that the applicant should be granted relief and awarded the grade of E-4/SPC as of the effective date of enlistment, 31 December 2019 (sic), due to completion of a Bachelor’s Degree prior to enlistment. However, this office does not have the authority to correct the Soldier’s records without approval from the Army Board for Correction of Military Records (ABCMR). a. AR 601-210, paragraph 2-18a (14), states if the Soldier lacked evidence at the time of enlistment, he or she may submit supporting documents to the unit personnel within 6 months of enlistment. Additionally, the effective date and DOR will be the effective date of the promotion by the unit commander for Soldiers who lack documentation at time of enlistment. No retroactive adjustment is authorized and each applicant will be advised that failure to produce documents before enlistments or after time frames will forfeit entitlement. b. He exceeds the 6 months authorized and is no longer eligible for the correction. However, the Soldier may apply to the ABCMR when all other remedies have been exhausted IAW AR 601-210, paragraph 8-7. The ABCMR acting for the Secretary of the Army is the authority for approving a Soldier’s request for correcting (backdating) the effective date of rank when conflicts exist. AR 600-8-19, paragraph 1-13, provides procedures for promotions with retroactive effective dates. 5. On 16 November 2021, the applicant was provided with the advisory to provide a comment. He had not responded as of 31 December 2021. 6. AR 601-210, paragraph 2-18a (14), states if the Soldier lacked evidence at the time of enlistment, he or she may submit supporting documents to the unit personnel within 6 months of enlistment. Additionally, the effective date and DOR will be the effective date of the promotion by the unit commander for Soldiers who lack documentation at time of enlistment. No retroactive adjustment is authorized and each applicant will be advised that failure to produce documents before enlistments or after time frames will forfeit entitlement. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board concurred with the conclusion of the advisory official that the evidence supports relief in this case. The applicant has already been advanced to SPC/E-4, and the Board determined that as a matter of equity his record should be corrected to show his DOR for pay grade E-4 is 30 December 2019 and he should be paid any additional pay and allowances due as a result of this correction. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 his date of rank for pay grade E-4 is 30 December 2019. The applicant should be paid any additional pay and allowances due as a result of this correction. 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. REFERENCES: 1. Army Regulation (AR) 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Army Regulation (AR) 601-210, (Regular Army and Reserve Components Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior service (PS), into the Regular Army (RA), the U.S. Army Reserve (USAR), and the Army National Guard (ARNG): a. Paragraph 2-18a (14) if the Soldier lacked evidence at the time of enlistment, he or she may submit supporting documents to the unit personnel within 6 months of enlistment. Additionally, the effective date and DOR will be the effective date of the promotion by the unit commander for Soldiers who lack documentation at time of enlistment. No retroactive adjustment is authorized and each applicant will be advised that failure to produce documents before enlistments or after time frames will forfeit entitlement. b. Paragraph 2-18 (Enlistment pay grade for personnel without prior service) states an applicant who has successfully completed a degree-producing college program of 4– year duration, the college or university is listed in the Accredited Institutions of Postsecondary Education, and has been awarded a bachelor's degree or higher (foreign degrees and transcripts must be evaluated according to para 2–7f) may enlist at any time at pay grade E–4. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210009840 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1