IN THE CASE OF: BOARD DATE: 16 February 2023 DOCKET NUMBER: AR20220004066 APPLICANT REQUESTS: to revise his rank upon enlistment and receive back pay based on his education. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Enlisted Record Brief (ERB) * , Statement of Marks, 16 December 2006 * Statement of Marks, 12 June 2007 * Statement of Marks, 19 December 2007 * Statement of Marks, 17 June 2008 * Statement of Marks, 23 December 2008 * Chhatrapati Shahu Ji Maharaj University certificate, 23 December 2010 * Chhatrapati Shahu Ji Maharaj University, Statement of Marks, 18 June 2009 * Chhatrapati Shahu Ji Maharaj University, Statement of Marks, 15 December 2009 * Chhatrapati Shahu Ji Maharaj University, Statement of Marks, 12 June 2010 * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), 8 May 2020 * Chhatrapati Shahu Ji Maharaj University Official Consolidated Marksheet, 19 May 2021 * Spantran Credentials Summary, 13 December 2021 * Transcript Verification Memos, 20 December 2021 * Memorandum For Record, Subject: Evaluation of Civilian Education Credits for Promotion Points, 20 December 2021 FACTS: 1. The applicant states when he enlisted in the Army on 1 August 2020, his Recruiter did not consider his Bachelor's degree from India. He later found out that his foreign degree could have been evaluated and converted to the equivalent of a U.S. Bachelor's degree. He recently coordinated with the Fort Campbell Education Center to convert his degree and update his ERB. He requests to be promoted to the rank/grade of specialist (SPC)/E-4 and receive pack pay. 2. The applicant's service record shows: a. On 3 August 2020, the applicant enlisted in the Regular Army. DD Form 4 shows the applicant enlisted in the rank/grade of private (PVT)/E-1. In conjunction with this enlistment DD Form 1966 (Record of Military Processing – Armed Forces of the U.S.) shows under: * Item18g (Pay Grade) private (PV2)/E-2 * Item 22a (Education) – Gujarat Secondary and Higher Secondary Education Board, Gandhinagar, India from August 2001 to October 2005, graduate "yes" * Section 6 (Remarks) shows active component pay grade in accordance with Army Regulation (AR) 601-210 (Regular Army and Reserve Components Enlistment Program), chapter 2-18a(15) b. The applicant's ERB dated 23 November 2022, shows he was promoted to the rank of SPC on 1 June 2022. 3. The applicant provides: a. ERB which shows in: (1) Section III (Service Data) – The applicant was promoted to PV2/E-2 on 3 August 2020 and Private First Class/E-3 on 3 August 2021. (2) Section VII (Civilian Education) – The applicant received a Baccalaureate degree in Information Technology from Chhatrapati Shahu Ji Maharaj University in 2010. b. Chhatrapati Shahu Ji Maharaj University, Statements of Marks, covering period 16 December 2006 to 12 June 2010, showing the applicant passed all classes under his First Division course. c. Chhatrapati Shahu Ji Maharaj University certificate, dated 23 December 2010, certified that the applicant obtained his Bachelor of Technology degree and was placed in the First Division. d. Chhatrapati Shahu Ji Maharaj University Official Consolidated Marksheet, dated 19 May 2021, certified that the applicant completed his Graduation B-Tech (Information Technology) course in 2010. e. Spantran Credentials Summary dated 13 December 2021, conducted a course analysis of the applicant's credits from Chhatrapati Shahu Ji Maharaj University and recommended the U.S. equivalent of a Bachelor of Science in Information Technology. f. Transcript Verification Memos dated 20 December 2021, showing the applicant dropped off his promotion point/ERB memorandum. g. Memorandum For Record, Subject: Evaluation of Civilian Education Credits for Promotion Points dated 20 December 2021, determined the applicant successfully completed 123 semester hours of undergraduate studies (converted to 42.9 semester hours earned) from an institution accredited and recognized by the Department of Education. 4. In the processing of this case, an advisory opinion was obtained from the U.S. Army Human Resources Command, Chief, Enlisted Promotions Branch, on 6 December 2022. The advisory official recommended approval of the applicant's request. It states in pertinent part: a. The applicant had a Bachelor's degree from a foreign institute, but enlisted in the Army on 8 May 2020 as a PV2/E-2. His Recruiter should have worked with the Soldier to delay his enlistment until his transcripts could be evaluated by the Installation Education Center; which would have allowed him to enlist as a SPC/E-4. b. AR 601-210 Paragraph (a)(14) states "lacks documentation required for advanced promotion under this paragraph at time of enlistment, they may submit supporting documents to the personnel officer within 6 months of enlistment." Paragraph (a)(14)(c) states "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 the time of enlistment". 5. The advisory opinion was provided to the applicant to afford him the opportunity to respond to its content. He did not respond. ? BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board concurred with the conclusion of the advisory official that the applicant should have entered service as a SPC/E-4 based on his education. The Board determined the record should be corrected to show his effective date of rank for SPC/E-4 is 8 May 2020, and he should be paid any back 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 to show his effective date of rank for SPC/E-4 is 8 May 2020. He should be paid any back pay and allowances he is due as a result of this correction. 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. ? REFERENCE: AR 601-210 (Regular Army and Reserve Components Enlistment Program) governed eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the U.S. Army Reserve, and Army National Guard for enlistment. a. Paragraph 2-7f (Foreign credentials) states that applicants completing high school or having 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. As an exception to this guidance, foreign credential evaluations from organizations not mentioned may be forwarded by U.S. Army Recruiting Command or Army National Guard personnel to the Deputy Chief of Staff, G–1 for consideration. b. Paragraph 2-7g (Exemptions) states the following countries, territories, and nations are exempt from the evaluation requirement, and their education documents will be treated in the same manner as those from any U.S. school: * Federated States of Micronesia * Republic of the Marshall Islands * Commonwealth of the Northern Mariana Islands * Guam * American Samoa * Canada * Puerto Rico * Virgin Islands * Palau * Department of Defense Dependent School System * Overseas American-sponsored elementary and secondary schools assisted by the U.S. Department of State c. Paragraph 2-18(a)(8) (Enlistment pay grades for personnel without prior service) applies to Delayed Entry Program, Delayed Training Program, or Army National Guard applicants who successfully completed a 4-year program with a college or university listed in the Accredited Institutions of Postsecondary Education, and has been awarded a bachelor degree or higher. These applicants may enlist at any time at pay grade E–4. Advanced promotion is authorized if the college or university provides a letter stating the applicant has met all requirements for a degree, but it will not be awarded until commencement ceremony. Foreign degrees and transcripts must be evaluated in accordance with Paragraph 2-7f. d. Paragraph 2-19 (Verification requirements for enlistment in higher grade) states: (1) An applicant must provide documentation to support enlistment in a higher pay grade. Guidance counselors will verify the required documents to justify the higher pay grade. After verifying required documents for advanced promotion, the guidance counselor must sign a DA Form 4187 (Personnel Action) that outlines the promotion authority and the pay grade authorized prior to shipping. Additionally, after arrival at the Reception Battalion, if an error in entry grade is identified, the Human Resources Specialists at all Reception Battalions are authorized to generate and/or authenticate a grade change in the applicable human resources system to correct the entry grade. (2) Education documents used to grant advanced or accelerated promotions must be listed in the Accredited Institutions of Postsecondary Education or National Association of Credential Evaluation Services. Verification must be annotated and reference the authority for grade on DD Form 1966. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004066 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1