ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 August 2020 DOCKET NUMBER: AR20200006239 APPLICANT REQUESTS: The applicant requests correction of his record to show his rank/grade as specialist (SPC)/E-4, effective the date of his enlistment in the Regular Army. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum for Record (MFR), Subject: [Applicant] Promotion to E-4 * Memorandum, Subject: Foreign Credentials Approval Notification * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States * Enlisted Record Brief * Release Authorization for U.S. Congresswoman * Letter of Validation submitted by and Associates, Incorporated (Inc.), International Education Consultants FACTS: 1. The applicant states he earned a bachelor's degree, and thus was entitled to enter the Army in the rank of SPC/E-4; however, when he enlisted, his rank was reflected as private (PV1)/E-1 because he was pending the confirmation of his foreign degree. 2. The applicant provides the following documents: a. Undated letter from and Associates, Inc., International Education Consultants, which affirms the applicant earned a foreign degree equivalent to a U.S. Bachelor of Science in Physical Education. b. U.S. Army Recruiting Battalion memorandum, dated 22 March 2018, Subject: Foreign Credentials Approval Notification, that states the applicant's foreign credentials have been approved following an evaluation by an authorized agency. c. U.S. Army Recruiting Company MFR, Subject: [Applicant] Promotion to E-4, which states the applicant entered the Army in the rank of PV1/E-1, pending confirmation of his foreign Bachelor's Degree. (1) The Army received the applicant's foreign degree, had the degree evaluated, and the degree was verified to be the equivalent of a U.S. bachelor's degree. As a result, the applicant was eligible to enter the Army in the rank/grade of SPC/E-4, effective the date of his enlistment. (2) Paragraph 2-18a (14) (Enlistment Pay Grades for Personnel without Prior Service), Army Regulation (AR) 601-210 (Regular Army and Reserve Components Enlistment Program) states late promotions may be considered up to 6 months from the date of enlistment, unless an exception is granted due to unforeseen circumstances. In the applicant's case, Hurricane Maria's after-effects on Puerto Rico delayed all recruiting processes, and, because of this, the verification of the applicant's education credentials was not finalized until after the 6-month time limit had expired. 3. The applicant's service records show: a. On 27 July 2017, as part of his application to enlist into the Regular Army, the applicant and his recruiter completed a DD Form 1966 (Record of Military Processing – Armed Forces of the United States); the applicant affirmed he had graduated from a university in Cuba in July 2014, and, based on the evaluation conducted by and Associates, Inc., International Education Consultants, the recruiter verified the applicant had completed the equivalent of a U.S. high school. The DD Form 1966 also stated that, per AR 601-210, paragraph 2-18a (1), the applicant was not qualified for advancement above the rank/grade of PV1/E-1. b. On 28 August 2017, the applicant enlisted into the Regular Army for a term of 4 years and 41 weeks. Following the completion of initial training, orders assigned the applicant to Fort Bliss, TX, and he arrived on or about 10 May 2018; the applicant currently serves at Fort Bliss. c. On 17 May 2018, the applicant petitioned the ABCMR, requesting his records be corrected to show he enlisted in the rank/grade of SPC/E-4; on 31 January 2020, the Army Review Boards Agency (ARBA) administratively closed the applicant's request, stating the applicant had not exhausted all administrative remedies. d. On 13 April 2020, the applicant submitted a DA Form 4187 (Personnel Action), wherein he requested the U.S. Army Human Resources Command (HRC) validate his enlistment rank/grade as SPC/E-4; his chain of command recommended approval. e. On 12 June 2020, HRC advised ARBA, via email, that because the 6-month time limit for an exception to policy had expired, only the ABCMR could grant relief. 4. The applicant requests correction of his service record to show his rank/grade as SPC/E-4, effective 28 August 2017 (his date of enlistment into the Regular Army); in support of his request, he provides documents that show his foreign degree was validated by the proper authority. a. AR 601-210, currently in effect, states Regular Army applicants with foreign credentials must have their documents evaluated by a State board of education or by any degree-granting college or university; evaluations of foreign transcripts will be accepted from any degree-granting institution accredited by any accrediting organization recognized by the U.S. Department of Education or the National Association of Credential Evaluation Services. As an exception to the foregoing guidance, foreign credential evaluations from organizations not mentioned above may be forwarded to the U.S. Army Recruiting Command for consideration. b. According to paragraph 2-18a (8), AR 601-210, applicants who have successfully completed a degree-producing college program of 4-years in duration, and have been awarded a bachelor degree may enlist in the pay grade of E-4. If the applicant lacks the documentation at the time of enlistment, he/she may be promoted after enlistment, provided they submit that documentation within 6 months of enlistment. BOARD DISCUSSION: The Board found the applicant was fully qualified to enlist in pay grade E-4 based on his college degree. The Board determined the record should be corrected to show he has held the grade of E-4 since the date of his enlistment in the Regular Army and he should receive any pay and allowances he is due as a result of this correction. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by promoting him to specialist/E-4 effective 28 August 2017 and paying him any pay and allowances he is due as a result of this correction. 8/14/2020 X CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: AR 601-210, currently in effect, prescribes policies and procedures for the enlistment of Regular Army and Reserve Component Soldiers. a. Paragraph 2-7f (Education – Foreign Credentials) states Regular Army applicant with foreign credentials must have their documents evaluated by a State board of education or by any degree granting college or university; evaluations of foreign transcripts will be accepted from any degree-granting institution accredited by any accrediting organization recognized by the U.S. Department of Education or the National Association of Credential Evaluation Services. As an exception to the foregoing guidance, foreign credential evaluations from organizations not mentioned above may be forwarded to the U.S. Army Recruiting Command for consideration. b. Paragraph 2-18a (8) states Regular Army applicants who have successfully completed a degree-producing college program of 4-years in duration, and have been awarded a bachelor degree may enlist in the pay grade of E-4. If the applicant lacks the documentation at the time of enlistment, he/she may be promoted after enlistment, provided they submit that documentation within 6 months of enlistment. //NOTHING FOLLOWS//