PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            7 November 2000
	DOCKET NUMBER:   AR2000044969

	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, in effect, correction of his entry grade from private first class (E-3) to specialist (E-4) with back pay from 16 November 1999.

3.  The applicant states that he holds a Bachelor’s degree in Social Sciences from the University of Cape Coast located in Ghana.  He states that he was processed out before his transcript could be evaluated and that he was not afforded the opportunity to have his transcript evaluated during his time at the Oklahoma Military Entrance Processing Station (MEPS), basic combat training, and advanced individual training.  He states that he was informed that his promotion would be adjusted at his permanent duty station.  He also states that he paid for the transcript evaluation which was lengthy in time.  In support of his application he submits a copy of his enlistment contract with associated enclosures, a copy of his bachelor’s degree transcript, and a copy of his evaluated transcript.

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.  He entered active duty on 16 November 1999 in pay grade E-3 and is currently assigned to Fort Lewis, Washington.

5.  The foreign degree evaluation dated 18 July 2000 provided by the applicant from the Globe Language Services, Incorporated qualifies him as having a bachelor’s degree in Social Sciences awarded by the University of Cape Coast located in Ghana.

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 the commander authorized the promotion.

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

8.  The applicant was forwarded a copy of the advisory opinion for comments.  The applicant responded, essentially reiterating and elaborating upon his original contentions.
9.  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 posses 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.

10.  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). 

11.  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.

12.  Chapter 2, paragraph 2-20(n), of the same regulation stated that individuals who lack documentation to support a claim of entitlement to a higher enlistment grade under table 2-3 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.

13.  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.  The applicant was eligible for enlistment in the pay grade of E-4 but apparently did not have his foreign degree evaluated and was therefore enlisted in pay grade E-3. 

2.  Notwithstanding the advisory opinion from PERSCOM and regulatory guidance stating that no retroactive adjustment of the effective date or date of rank is authorized beyond the date the commander could have promoted the individual, the Board concurs with previous DCSPER advisory opinion for similar cases.  The Board recognizes the challenge put on the applicant to have his foreign degree properly evaluated and believes it was asking too much of a new soldier during key periods of his initial Army training that demanded his total focus.

3.  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 to16 November 1999.

4.  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	AR2000044969	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
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.	112.02	
2.		
3.		
4.		
5.		
6.