PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:             27 March 2001                  
	DOCKET NUMBER:   AR2000046987

	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	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Gail J. Wire		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 his records be corrected to show he enlisted in the pay grade of E-4.  The applicant states that he was demoted because his foreign education documents had not been evaluated, however he later found out that Canada is exempt for the foreign credential evaluation requirement.

3.  The applicant’s military records show he originally enlisted in the Regular Army in the pay grade of E-4 on 4 November 1999, however in March 2000, based on his request, this Board amended his enlistment contract to show he enlisted in the pay grade of E-3. 

4.  The applicant obtained a Bachelor’s Degree on 29 May 1999 from Brandon University, Manitoba, Canada.

5.  In the processing of this case an advisory opinion was obtained for the Office of the Deputy Chief of Staff for Personnel (ODCSPER) which recommends that the applicant’s request be approved by changing his E-4 date of rank to              4 November 1999, with back pay.  Their recommendation was based on Army Regulation 601-210, chapter 2, paragraph 2-20g and 2-7i under which the applicant enlisted, which requires applicants to have a Bachelor’s degree or higher, and exempts Canada from the foreign credentials evaluation.  The applicant was provided a copy of the advisory opinion but has not responded.

6.  Army Regulation 601-210, paragraph 2-20g states that an applicant can enlist in the pay grade of E-4 upon successful completion of a degree producing college program of 4 years duration and have been awarded a Bachelor’s or higher degree.  Paragraph 2-7i of that same regulation states that while applicants with credits from foreign colleges or universities must have their documents evaluated and accredited by a State Board of Education or any organization who is a member of the National Association of Credential Evaluation Service, credits obtained from colleges and universities in Canada are exempt from that requirement.

CONCLUSIONS:

1.  The applicant was awarded a Bachelor’s degree in May 1999 from Brandon University in Canada, and enlisted in the Regular Army on 4 November 1999. 

2.  The applicant’s degree from Canada was exempt from the foreign credential requirement of evaluation and accreditation, and as such he should have enlisted in the pay grade of E-4 in accordance with established enlistment policies.   

3.  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 the applicant enlisted on 4 November 1999 in the pay grade of E-4, with entitlement to back pay and allowances.  

BOARD VOTE:  

___rwa__  ___alr___  __gjw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000046987	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010327	
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.  112.00		
2.		
3.		
4.		
5.		
6.