MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 May 2003                  
	DOCKET NUMBER:   AR2002075825

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson . 		Chairperson	
	Mr. Ted S. Kanamine 		Member	
	Mr.  Lawrence Foster 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his initial entry pay grade be corrected to show pay grade E-3 instead of pay grade E-1.

APPLICANT STATES:  In effect, that at the time of his enlistment he was in receipt of a bachelor’s degree in industrial engineering from the University of Guadalajara, Guadalajara, Mexico.  His recruiter failed to inform him that if his degree was evaluated and it was determined to be worth 136 credit hours under the United States Educational System, he could enlist in pay grade E-3.  In support of his application the applicant submits copies of his Industrial Engineering Credentials, his Academic Work conversion/U.S. equivalence, and a copy of his enlistment contract.

EVIDENCE OF RECORD:  The applicant's military records show:

On 22 June 2001, the applicant enlisted in the Regular Army for 3 years in pay grade E-1.  

Item 22 (Education) of his DD Form 1966/2 (Record of Military Processing – Armed Forces of the United States) shows that he completed a course at the Community College of Las Vegas, Nevada.  It does not show that he attended
the University of Guadalajara, Guadalajara, Mexico and earned a bachelor's degree in industrial engineering.

Standard Form 86 (Office of Personnel Management Security Clearance Application), dated 5 June 2001, shows, in question 5, that the applicant completed a course in general educational development at the Community College of Southern Nevada.  It does not show that he received a degree in industrial engineering from the University of Guadalajara.

Records available to the Board show that, on 4 June 2002, Educational Credential Evaluators, Incorporated, of Milwaukee, Wisconsin, prepared a "Course-by-Course Evaluation Report” on the applicant's courses taken at the University of Guadalajara.  This report states that the applicant completed 136 hours of course work but did not complete degree requirements "for a Bachelor's degree in Industrial Engineering."  

Army Regulation 601-210 sets forth the basic authority for the Regular Army and Army Reserve Enlistment Program.  Chapter 2 of that regulation provides, in pertinent part, the basic eligibility criteria for all non-prior service applicants.  Paragraph 2-7h (Foreign Credentials) states that (1) Applicants completing high school or having college credits from foreign colleges or universities must have their documents evaluated and accredited by one of the following: (a) 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  (b) Any organization who is a member of the National Association of Credential Evaluation Service.  (2) Evaluation under this rule will also be used to qualify applicants under paragraph 2-20 if otherwise qualified.

Army Regulation 601-210, paragraph 2-20f (Enlisted Pay Grades for Personnel without Prior Service) states that applicants who successfully complete 60 or more classroom semester hours (90 or more quarter hours) (without a 
4-year degree) of an accredited college or university listed in the Accredited Institutions of Postsecondary Education book, published by the American Council on Education are qualified to enlist in pay grade E-3.  (Foreign transcripts must be evaluated according to paragraph 7-h and 2-21.)  

Army Regulation 601-210, paragraph 2-20l(5) states that the effective date and date of rank for soldiers who lacked documentation at time of enlistment will be the effective date of the promotion by the unit commander.  No retroactive adjustment is authorized and each applicant will be advised that failure to produce documents before enlistment or after time frames above will cause them to forfeit entitlement to this incentive.  The promotion will be for the grade the soldier is qualified for at time of enlistment.

In the processing of this application an advisory opinion was obtained from U. S. Total Army Personnel Command, Retention Management Division, Alexandria, VA.  That office recommended no change to the applicant's records because he failed to provide information concerning his college credits.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board considered the applicant’s request to correct his entry pay grade to
E-3 based on completion of foreign college credits.  

2.  The Board noted the applicant’s contention that his recruiter failed to inform him of the enlistment incentives for educational credits at the time of his enlistment. 

3.  The evidence of record shows that, at the time of the applicant's enlistment processing, he disclosed only that he completed one course at the Community College of Las Vegas, Nevada, and that he completed his General Educational Development Test at the Community College of Southern Nevada.  

4.  Records available to the Board do not contain enlistment-processing records which show that the applicant received a degree in industrial engineering from the University of Guadalajara.

5.  Based on the foregoing, the Board concluded that the applicant failed to inform his recruiter, at the time of enlistment in the Army, that he had 136 college credit hours from the University of Guadalajara.  

6.  Since Army regulation prohibits retroactive adjustment of pay grade based on educational qualifications disclosed after enlistment, the Board determined that the applicant forfeited entitlement to this enlistment incentive when he failed to disclose his college credits and to properly document them.  Therefore, the applicant was properly accessed in pay grade E-1 at the time of his enlistment and is not entitled to correction of his records to show his pay grade at enlistment was E-3.

7.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

8.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_TSK ___  __LF  ___  __MKP__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002075825	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030513	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Carl W. S. Chun	
ISSUES         1.	112.0000	
2.		
3.		
4.		
5.		
6.