PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           16 May 2002                   
	DOCKET NUMBER:   AR2002067494

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Paula Mokulis		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 rank and grade of Specialist (SPC), E-4 on 14 March 2001 with all due back pay and an $8,000 enlistment bonus.

3.  The applicant states that his recruiter asked him the highest level of education he had completed.  He responded that he had a Bachelor of Science Degree in accounting.  When his recruiter requested a diploma and/or transcripts, he responded that he would need to send to Nigeria for the transcripts and it could take one or two months.  His recruiter then responded that he did not need any verification of his degree and that completion of high school would suffice for purposes of recruitment.  At no time did his recruiter discuss with him that verification of his degree would earn him the rank of SPC and possible entitlement to an $8,000 enlistment bonus.  His recruiter only discussed enlisting in pay grade E-2 if he recruited a friend.  He would have waited the one or two months to receive his transcripts if he had known that such verification would have entitled him to a higher enlistment grade and a bonus.  

4.  By school year ending 2000, the applicant completed an undergraduate degree in accounting from Ogun State University, Nigeria.  His military records show he enlisted in the U. S. Army Reserve Delayed Entry Program on             18 January 2001.  He enlisted in the Regular Army on 14 March 2001 in the rank and grade of Private, E-2.  

5.  On 8 January 2002, World Education Services, Incorporated evaluated the applicant’s transcripts and determined they were equivalent to a Bachelor’s Degree in accounting from a regionally accredited institution.

6.  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 successfully completed a degree producing college program of 4 years duration and the college or university is properly accredited are authorized enlistment in pay grade E-4.  College credits from foreign colleges or universities must have their documents evaluated and accredited by a State Board of Education, an accredited university, or any organization which is a member of the National Association of Credential Evaluation Service.  A Regular Army soldier who lacks documentation required for advance promotion at the time of enlistment may submit supporting documents to his personnel officer within 6 months of his enlistment.  Documents 

must be original, certified or evaluated as required.  The effective date and date of rank for soldiers who lacked documentation at the time of enlistment will be the effective date of the promotion by the commander.  No retroactive adjustment is authorized and each applicant will be advised that failure to produce documents before enlistment or after the time frames above will cause them to forfeit entitlement to this incentive. 

7.  In the processing of this case, an advisory opinion was obtained from the Accession Management Section, U. S. Total Army Personnel Command.  That office recommended approval of the applicant’s request to receive an $8,000 HiGrad Bonus and accelerated promotion to E-4.  The HiGrad bonus announced in MILPER message #01-050 offered an $8,000 bonus to applicants with 60 or more semester hours of college education.  That office noted the applicant had a college degree prior to his entry in the Army but he informed his recruiter he would have to request the documentation from a foreign university.  The transcripts were subsequently produced and verified as meeting the requirements for bonus authorization and accelerated promotion to E-4 had the transcripts been available at enlistment.  

8.  A copy of the advisory opinion was provided to the applicant.  He concurred in the advisory opinion on 11 March 2002.

CONCLUSIONS:

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

2.  The applicant enlisted in the Delayed Entry Program on 18 January 2001 and in the Regular Army on 14 March 2001.  The Board finds his contention that he would have waited a few months to enlist had his recruiter told him that verification of his degree could earn him an $8,000 enlistment bonus and promotion to E-4 reasonable to believe.  It would be appropriate to show that he enlisted as a SPC, E-4 for an $8,000 HiGrad enlistment bonus.

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 14 March 2001 as a SPC, E-4 for an $8,000 HiGrad enlistment bonus as a result of his having the 

equivalent of a Bachelor’s Degree in accounting from a regionally accredited institution and that he be paid all due back pay and allowances as a result of this correction.

BOARD VOTE:  

__fne___  __rwa___  __pm____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067494	
SUFFIX		
RECON		
DATE BOARDED	20020516	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	112.02	
2.	128.05	
3.		
4.		
5.		
6.