PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           13 February 2001                  
	DOCKET NUMBER:   AR2000047082

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Harry B. Oberg		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, that her records be corrected to show she enlisted in the rank and grade of Private First Class, E-3 (PFC) on 25 February 2000 and that she be awarded all due back pay.

3.  The applicant states that she had completed 129 semester hours prior to her enlistment.

4.  By 1999, the applicant had completed some college work with the University of Panama.  Her military records show that she enlisted in the U. S. Army Reserve Delayed Entry Program on 20 November 1999 and she apparently provided her college transcripts at this time.  Her transcripts had not been evaluated by the time she enlisted in the Regular Army on 25 February 2000 so she enlisted in the rank and grade of Private, E-1.  Educational Credential Evaluators, Inc. completed the evaluation of her transcripts on 28 August 2000 and determined that she completed the U. S. equivalent of 129.75 undergraduate semester hours.

5.  Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and the U.S. Army Reserve.  In pertinent paragraphs, it states that the date of rank for persons without prior service enlisting in the Regular Army will be the date of enlistment on active duty.  Applicants who have completed 60 or more classroom semester hours of an accredited college or university are authorized enlistment in pay grade E-3.  Applicants having college credits from foreign colleges or universities must have their documents evaluated and accredited.

6.  In the processing of this case, an advisory opinion was obtained from the Recruiting Policy Branch, Office of the Deputy Chief of Staff for Personnel.  That office opined that the evaluation of the applicant’s transcripts had not been completed in time to support her promotion to PFC prior to shipment to training on 25 February 2000.  The supporting documentation from Educational Credential Evaluators, Inc., which shows that she completed the U. S. equivalent of undergraduate work representing a total of 129.75 semester hours of credit, does provide enough evidence to support her promotion to PFC on her enlistment date.  That office recommended correcting the record to show she enlisted as a PFC, E-3 with a date of rank of 25 February 2000, and awarding her back pay.  

7.  A copy of the advisory opinion was provided to the applicant.  She concurred in the advisory opinion.

CONCLUSIONS:

1.  The Board concludes that an injustice has occurred in this case.

2.  The applicant enlisted in the Delayed Entry Program on 20 November 1999.  It appears she did provide her transcripts at this time but their evaluation was not completed by the time she enlisted on 25 February 2000.  The final evaluation showed that she would have met the criteria for enlistment in grade E-3.  In accordance with the advisory opinion, it would be appropriate to show that she did enlist as a PFC.

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 that the applicant enlisted in the Regular Army on 25 February 2000 as a PFC, E-3 as a result of her having completed 129 college semester hours and that the applicant be paid all due back pay and allowances as a result of this correction.

BOARD VOTE:  

__jh____  __slp___  __hbo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			June Hajjar
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000047082	
SUFFIX		
RECON		
DATE BOARDED	20010213	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	112.02	
2.		
3.		
4.		
5.		
6.