IN THE CASE OF: BOARD DATE: 6 December 2022 DOCKET NUMBER: AR20220003546 APPLICANT REQUESTS: correction of his January 2020 Regular Army enlistment grade from private/ (PVT)/E-1 to private first class (PFC)/E-3 with back pay and allowances. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) * DA Form 4187 (Personnel Action) for advancement to PFC/E-3 * letter from Sergeant First Class (SFC) U. S. Army Recruiting Command FACTS: 1. The applicant states in effect, there was an error at time of his enlistment regarding receiving credit for completed college courses for enlistment in the rank of PFC/E-3. Both his recruiter and the Military Entrance Process Station (MEPS) overlooked this entitlement, as a new Soldier, his knowledge of the Army was lacking. He was misinformed and ultimately shorted of this entitlement. He was advanced to the rank of PFC/E-3 while at Advanced Individual Training (AIT) due to his college education, but the effective date was 10 March 2021 and should have been the date, he shipped to Basic Combat Training (BCT) on 20 October 2020. He requests a correction of his date of rank (DOR) and back pay and allowances. 2. A review of the applicant's service record shows: a. On 10 September 2020, the applicant was issued a transcript from Gustavus Adolphus College which shows between spring of 2019 and spring of 2020 he earned a cumulative of 12.380 credits. The transcript did not reflect if the credits were institutional, quarter hours, or semester hours. A transcript review was conducted by on 1 March 2021 which shows the applicant earned 49.52 semester hour credits. b. On 15 October 2020, Orders Number 0294028, issued by the Minnesota MEPS, the applicant was ordered to active duty on 20 October 2020. c. On 20 October 2020, the applicant enlisted in the Regular Army (RA) in the rank/grade of private (PVT)/E-1. (1) DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows in section I (Personal Data) block 12 (Education) the applicant completed 12-years of education. (2) Section III (Other Personal Data) block 22 (Education) the applicant graduated from Mora Secondary in June 2019. There was no mention of additional schooling. (3) Section VI (Remarks) shows: a) Mora Secondary listed as tier 1 in Higher Secondary School (HSS). b) Enlisted grade E1 in accordance with Army Regulation (AR) 601-210 (Regular Army and Reserve Component Enlistment Program), paragraph 2-18a (1) (No qualification for advancement). c) section VI (Remarks Continuation), DEP (Delayed Entry Program) and ACC (Army Component Command) pay grade authority in accordance with AR 601- 210, paragraph 2-18a (1) (No qualification for advancement). d. On 2 December 2020, Orders Number 337-263, issued by Headquarters, U. S. Army Training Center and Fort Jackson, the applicant was assigned to A Company, 344th Military Intelligence Battalion (MI BN), effective 4 January 2021. e. On 10 March 2021, the commander of A Company, 344th MI BN advanced the applicant to the rank of PFC/E-3, effective 10 March 2021 with the same DOR in accordance with AR 601-210, paragraph 2-18 (14), (Lack of documentation required for advanced promotion under this paragraph at the time of enlistment). f. Enlisted Record Brief (ERB) dated 12 October 2022, shows the applicant's DOR for PFC as 10 March 2021. 3. The applicant provides a letter from SFC U. S. Army Recruiting Command dated 16 November 2021, which stated the applicant joined the RA on 20 October 2020 and was not properly promoted for his college education when the MEPS incorrectly credited his college credits on his transcripts. The discrepancy was not realized until after the applicant was already in training, but he finally received his advancement to PFC while at AIT. His DOR should have been back dated to the date he shipped for BCT. 4. In the processing of this case, on 9 August 2022, the Office of the Deputy Chief of Staff, G-1 provided an advisory opinion regarding the applicant's request for adjusted DOR to PFC and back pay and allowances. The advisory official stated: a. The enclosed application for correction of military records has been reviewed. The Army G-1 records reflect that -PFC [Applicant] entered active duty on 20 October 2020. Based on a review of his enlistment records along with the college transcripts provided with subject request, his pay grade of E-1 upon entry onto active duty in the Regular Army was incorrect. The transcripts provided for review reflects a total of 25.7 cumulative credits earned. Army policy authorizes advancement to pay grade E-2 upon entry onto active duty if the applicant has at least 25 but less than 48 credits earned. Thus, the applicant should have been advanced to pay grade E-2 upon entry onto active duty. b. Based on the review above, the Army G-1 recommends administrative relief in this case. The Army G-1 recommends retroactive promotion to pay grade E-2, effective 20 October 2020, which coincides with the date that the applicant entered active duty for the Regular Army. This opinion is based on regulatory guidance in AR 601-210, Chapter 2, as well as the review of the enclosed application and related source documents. 5. On 10 August 2022, the Army Review Boards Agency, Case Management Division provided the applicant a copy of the advisory opinion for review and comment. He did not respond. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. The applicant is requesting an adjusted DOR to PFC and back pay and allowances. The Board note that he entered active duty on 20 October 2020 in grade E-1. However, he provides transcripts that reflect a total of 25.7 cumulative credits earned. Army policy authorizes advancement to pay grade E-2 upon entry onto active duty if the applicant has at least 25 but less than 48 credits earned. Thus, the applicant should have been advanced to pay grade E-2 upon entry onto active duty. Based on that, the Board determined retroactive promotion to pay grade E-2, effective 20 October 2020, the date he entered active duty for the Regular Army, is appropriate. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 the applicant enlisted in the Regular Army for 4 years and 42 weeks effective 20 January 2020 in the rank/grade of Private/E-2 and paying him any back pay and allowances he is due as a result of this correction. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his enlistment contract, 20 January 2020, to show he enlisted in the Regular Army in the rank/grade of Private First Class/E-3. 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. REFERENCE: AR 601-210 (Regular Army and Reserve Component 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 2–18 (Enlistment pay grades for personnel without prior service), applies to DEP, DTP, or ARNG applicants. a. The following explains who may enlist and when and at what pay grade. An applicant who: (1) Has successfully completed 24 or more classroom semester hours (36 or more quarter hours) at an accredited degree granting college or university listed in the AIPE or NACES, may enlist at any time at pay grade E-2. (2) Has successfully completed 48 or more classroom semester hours (72 or more quarter hours) (without a 4-year degree) at an accredited degree granting college or university listed in the AIPE, may enlist at any time at pay grade E-3; applicants with an associate degree will be enlisted at pay grade E-3 without regard to the number of semester or quarter hours completed. (3) Has successfully completed 2 or more academic years of a postsecondary vocational technical school and has received a certificate of training attesting to successful completion of the course, may enlist at any time at pay grade E3, school must be listed in the AIPE. (4) Lacks documentation required for advanced promotion under this paragraph at time of enlistment may submit supporting documents to the unit personnel officer at the initial entry training installation or at the first unit of assignment within 6-months of enlistment, documents must be original, certified, or evaluated, as required. (5) College credit or course completion (includes Junior ROTC and SROTC) must have occurred prior to the date of enlistment in the RA or entry in IADT for USAR or ARNG. (6) Only colleges and universities listed in the AIPE, NACES may be used. (7) Effective date and DOR for Soldiers who lacked documentation at time of enlistment will be the effective date of the promotion by the unit commander; no retroactive adjustment is authorized, and each applicant will be advised failure to produce documents before enlistment or after time frames above will forfeit entitlement to this incentive, promotion will be for the grade the Soldier is qualified for at the time of enlistment. b. Paragraph 2–19 (Verification requirements for enlistment in higher grade), applicant must provide the documentation to support enlistment in higher pay grade. Guidance counselors will verify required documents to justify higher pay grade from one of the documents listed below. After verifying required documents for advanced promotion, guidance counselor must sign a DA Form 4187 (Personnel Action) that outlines the promotion authority and the pay grade authorized prior to shipping to IADT. This applies to those USAR or ARNG members who met an advanced promotion criteria after the initial date of enlistment and who are awaiting shipping to IADT. Additionally, after arrival at the reception battalion if an error in entry grade is identified following review of a new Soldier's enlistment contract, the human resources specialists at all reception battalions are authorized to generate and/or authenticate a grade change in the applicable human resources system to provide the correct entry grade. a. Education documents used to grant advanced or accelerated promotions must be listed in the AIPE or NACES. A guidance counselor, education specialist, operations NCO, first sergeant, commissioned officer, or equivalent contracted personnel assigned to USAREC, or the ARNG must verify documents. Verification must be annotated, referencing authority for grade, on DD Form 1966, remarks section. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003546 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1