ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  3 June 2021

	DOCKET NUMBER:  AR20200009645


APPLICANT REQUESTS: in effect, correction to her records to show:

*	she is entitled to the rank/grade of specialist (SPC)/E-4 from the date she 
entered active duty service on 28 May 2019, due to her education
*	back pay of all applicable pay and allowances 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Official Transcripts for Lyceum of the Philippines University, dated
31 March 2016
*	Lyceum of the Philippines University Student Records Management Department, 
Office of the University Registrar, dated 8 May 2019
*	DD Form 1966 (Record of Military Processing – Armed Forces of the United 
States), dated 29 May 2019
*	Graduate and International Admissions Center, University of Texas in Austin 
Letter, dated 11 June 2019
*	DA Form 4187 (Personnel Action), dated 28 January 2020

FACTS:

1.  The applicant states:

a.	There is a discrepancy in her rank since the day she was sent to the Military 
Entrance Processing Station (MEPS) to swear in. She went to MEPS and was informed 
that she could not have her SPC rank because she was missing a document that 
certified her Bachelor's degree in the Philippines that was recognized by one of United 
States Universities. 

b.	Her recruiter said that he got the documents from the University of Texas in 
Austin and was going to send her the hard copy to Fort Leonard Wood, MO, to fix her 
rank during basic training, which he did. 

c.	Upon receiving this document, she asked her drill sergeant for help and was told 
that they could not process it there and she would have to wait until she got to 
Advanced Individual Training (AIT). When she got into AIT, and asked for her drill 
sergeants help she was told that they would look into it. After a few weeks of constantly 
checking up with her drill sergeant, she was informed that she would have to do the 
correction when she got to her first unit because of time limitations.

d.	She believes that this is unjust because she knew from the day she enlisted in 
the Army that she was supposed to have the rank of SPC. She has all the proper 
documents to prove it. 

e.	All this time she was supposed to be paid as a SPC, she is only being paid as 
a private (PVT)/E1, and it is unfair because she gave all the proper documents to her 
recruiter, and then followed all instructions given to her to correct the issue while at both 
basic training and AIT.

2.  On 28 May 2019, the applicant enlisted in the Regular Army in the pay grade of E-1 
for 3 years and 22 weeks. She remains on active duty 

3. The applicant provides the following documents: 

a.	Official Transcripts for the Lyceum of the Philippines University, dated 
31 March 2016, which shows her enrollment in Lyceum of the Philippines University 
from the Summer of 2012 to 2016 and she graduated with a Bachelor's of Science in 
International Travel and Tourism Management.

   b.	Lyceum of the Philippines University, Student Records Management Department, 
Office of the University Registrar, dated 8 May 2019, shows the applicant graduated 
with a degree of Bachelor of Science in International Travel and Tourism Management 
on 31 March 2016.

c.	DD Form 1966, shows she enlisted in the Regular Army on 29 May 2019, in pay 
grade E-1. This document also shows she graduated from Lyceum of the Philippines 
University in 2016. Section 6 (Remarks) shows her authorized grade was E-1 under the 
provisions of Army Regulation (AR) 601-210 (Regular and Reserve Components 
Enlistment Program), chapter 2-18a(1).

d.	A letter from the Graduate and International Admissions Center, the University of
Texas at Austin, dated 11 June 2019, confirms the applicant graduated from the 
Lyceum of the Philippines University with a bachelor's degree in International Travel and 
Tourism Management in 2016.

e.	DA Form 4187, dated 28 January 2020, shows the applicant was recommended 
for advanced to E-4 with an effective date of 24 January 2020.

4.  On 12 May 2021, an advisory opinion was obtained from the U.S. Army Human 
Resources Command, Fort Knox, KY, which determined that the applicant's request be 
approved. The advisory official states:

a.	The applicant is entitled to back pay from 29 May 2019 to present. In accordance 
with AR 600-8-19 ((Enlisted Promotions and Reductions), paragraph 1-14f. Special 
Instructions: Because the effective date of the promotion exceeds this instrument by 
more than 6 months, the Defense Joint Military Pay System will automatically pay up to 
12 months of back pay entitlements. 

   b.	Her next Leave and Earnings Statement (LES) will reflect such payment. If she is 
due back pay in excess of 12 months, upon receipt of her LES that reflects back pay, 
she needs to provide her servicing Finance and Accounting Office (FAO) with a copy of 
this memorandum and the enclosure. 

   c.	Her servicing FAO will initiate procedures under the provisions of the Department 
of Defense Financial Management Regulation 7000.14-R, Volume 7 A, table 1-4, rule 
number 12, which will result in her receiving any additional back pay to which she is 
entitled.


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was warranted. The Board carefully considered the applicant's record of service, 
documents submitted in support of the petition and executed a comprehensive and 
standard review based on law, policy and regulation.  Upon review of the applicant’s 
petition, available military records, and Army Human Resources Command advisory the 
Board found the applicant is entitled to the rank/grade of specialist (SPC)/E-4 from the 
date she entered active duty service on 28 May 2019, due to her education and any 
back pay of all applicable pay and allowances. Based on this, the Board determined 
relief was warranted and granted relief.


?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

XXX	XXX	XX	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 
Army records and Defense Finance and Accounting System (DFAS) of the individual 
concerned be corrected to show she is entitled to the rank/grade of specialist (SPC)/E-4 
from the date she entered active duty service on 28 May 2019, due to her education 
and any back pay of all applicable pay and allowances.   


	  
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.


ADMINISTRATIVE NOTES: N/A


REFERENCES:

1.  Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions), chapter 1-14f 
(Date of Rank and Effective date, states, "For Soldiers promoted to private through 
sergeant major entitled to a promotion effective date that exceeds 6 months prior to the 
date of the promotion inttrument, the following will be entered in the special instructions: 
Because the effective date of the promotion exceeds this instrument by more than 6 
months, the Defense Joint Military Pay System will automatically pay up to 12 months of 
back pay entitlements. Your next leave and earnings statement will reflect such 
payment. If you are due back pay in excess of 12 months, upon receipt of your leave 
and earnings statement that reflects back pay, provide your servicing FAO with a copy 
of the instrument. Your servicing FAO will initiate procedures under the provisions of the 
DOD Financial Management Regulation 7000.14–R, Volume 7A, table 1–4, rule number 
12, which will result in you receiving any additional back pay to which you are entitled.”

2.  AR 601-210 (Regular Army and Reserve Components Enlistment Program) 

	a.  Paragraph 2-7F (foreign Credentials) states applicants who have college credits 
from foreign colleges or universities must have their documents evaluated and 
accredited 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 any member of the National Association of Credential Evaluation 
Services (NACES)

	b.  Paragraph 2-18 (Enlistment pay grades for personnel without prior service) states 
an applicant who has successfully completed a degree-producing college program of 4–
year duration, the college or university is listed in the Accredited Institutions of 
Postsecondary Education (AIPE), and has been awarded a bachelor degree or higher 
(foreign degrees and transcripts must be evaluated according to paragraph 2–7f), may 
enlist at any time at pay grade E–4.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20200009645
	
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