PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 November 2000
	DOCKET NUMBER:   AR2000044868

	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. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Brenda F. Hirschi		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 he be promoted to pay grade E-4.  He also requests that his advancement to pay grade E-4 and date of rank be effective
16 November 1999, the effective date he enlisted in the Army. 

3.  The applicant states that at the time of his enlistment he possessed a degree equivalent to a bachelor’s degree.  He states that his foreign degree was properly evaluated in accordance with regulatory guidance on 3 April 2000.  He further states, it is his belief that his promotion to specialist should be effective the day he joined the Army.  In support of his application he submits his foreign degree 
evaluation from the World Education Services, Incorporated.

4.  The applicant’s military records show that the applicant enlisted in the Army  in the pay grade of E-3 under the provisions of Army Regulation 601-210, Chapter 2 paragraph 2-20(f).  He entered active duty on 16 November 1999 in pay grade E-3 and is currently assigned in Germany.

5.  The foreign degree evaluation dated 3 April 2000 provided by the applicant from the World Evaluation Services, Incorporated qualifies him as having a bachelor’s degree in technical education awarded by the Ministry of Higher Education located in Ghana.  Also, the file does not indicate the applicant presented the foreign degree evaluation to his unit commander to be promoted to pay grade E-4 under the provisions of Army Regulation, chapter 2, paragraph 2-20(n).

6.  In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM) Retention Management Division.  It opined, in effect, that the date of rank for soldiers who lacked documentation at the time of their enlistment will be the effective date of promotion by the unit commander.  The advisory opinion also stated that no retroactive adjustment is authorized and each applicant will be advised that failure to produce documents before enlistment or after the required time frame will cause them to forfeit entitlement to this enlistment incentive.  The advisory opinion recommended that the unit commander, with the applicant’s official translation certification of transcripts promote the applicant, and the effective date, and date of rank, will be the date of the commander authorized the promotion.

7.  The Board has previously received advisory opinions in similar cases from the Deputy Chief of Staff for Personnel that recommended approval of the applicant’s request and that back pay be awarded.

8.  Army Regulation 601-210 prescribes the policies that govern eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the USAR.  Chapter 2 paragraph 2-20(f), in effect, states that individuals who possess 60 or more semester hours (90 or more quarter hours) of an Accredited Institution listed in the Post-secondary Education book published by the American Council on education may enlist in the pay grade of E-3.

9.  Chapter 2, paragraph 2-20(g), of the same regulation states that to enlist in the pay grade of E-4, an individual must have documentation from a degree producing college program of 4 years duration, the institution must be listed in the Accredited Institutions of Post-secondary Education book, and the applicant must have been awarded a bachelor’s or higher degree. (Foreign degrees and transcripts must be evaluated in accordance with paragraph 2-7h). 

10.  Chapter 2, paragraph 7(h), of the same regulation provides that individuals completing or having college credits from foreign colleges or universities must have their documents evaluated and accredited by a state board of education, a state university or recognized university or college listed in the Accredited Institutions of Post-secondary Education Book published by the American Council on Education, or any organization which is a member of the National Association of Credential Evaluation Service.

11.  Chapter 2, paragraph 2-20(n), of the same regulation states that individuals who lack documentation to support a claim of entitlement to a higher enlistment grade at the time of enlistment may present such documentation at any time up to 12 months from the date of entry into the Regular Army or USAR.  

12.  Chapter 2, paragraph 2-20(l), of the same regulation provides that the effective date and the date of rank for soldiers who lack documentation at the time of his enlistment will be the effective date of the promotion by the unit commander.

CONCLUSIONS:

1.  It appears that the applicant lacked the foreign degree evaluation at the time  he completed his enlistment documents for enlistment in the Army.  Therefore, he was enlisted in pay grade E-3 based upon the number of semester or quarters hours he had completed at the time.

2.  Regulatory guidance and the advisory opinion from PERSCOM clearly states that supportive documentation must be made available at the time of enlistment and no retroactive adjustment of the effective date or date of rank is authorized beyond the effective date of the promotion by the unit commander; however, the Board concurs with previous DCSPER advisory opinion for similar cases.  

3.  The Board recognizes the challenges and the amount of time involved in obtaining a college transcript and the applicant had an additional challenge to have his foreign degree properly evaluated in accordance with regulatory guidance.  Also, to task a new soldier to have a foreign degree properly evaluated present at the time of his enlistment with no assistance and minimum knowledge of the educational system is asking too much of a new soldier.

4.  The applicant’s pay grade and date of rank should be changed to 
16 November 1999 to allow him to receive the benefits (pay and allowances) that he otherwise would have been entitled to receive retroactive to 16 November 1999.

5.  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 showing that the individual concerned was enlisted in pay grade E-4 on 
16 November 1999 in accordance with Army Regulation 601-210, Chapter 2, paragraph 2-20 (g) with an effective date and date of rank of 16 November 1999. 

BOARD VOTE:  

__GDP___  __ALR__  __BFH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___George D. Paxson____
		        CHAIRPERSON

INDEX

CASE ID	AR2000044868	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001107	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.04	
2.		
3.		
4.		
5.		
6.