RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 November 2004
      DOCKET NUMBER:  AR2004102634


      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             |
|     |Mr. Robert J. McGowan             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Mr. Robert Rogers                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his entry rank be corrected from Private
(PVT/E-2) to Specialist (SPC/E-4) with a date of rank of 6 September 2002
or 5 November 2003.

2.  The applicant states that he enlisted with a 4-year college degree and
that he should have been enlisted as a SPC/E-4 in accordance with Army
Regulation (AR) 601-210.

3.  The applicant provides the following documents in support of his
application:

      a.  Academic transcripts from EDO State University, Ekpoma, Nigeria.

      b.  A copy of a 5 November 2003 letter from World Education Services
(WES) detailing the applicant's academic credentials.

      c.  A copy of USAREC Form 1150 (Statement of Understanding – Army
Policy).

      d.  A copy of page 11, Army Regulation 601-210 (Regular Army and Army
Reserve Enlistment Program.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel records show the applicant enlisted
in the Regular Army on 30 October 2002.

2.  The evidence of record shows the applicant graduated from the Edo State
University, Ekpoma, Nigeria in 1996; however, this information had to be
evaluated and verified to ensure that it met the required educational
standards.

3.  The evidence of record shows the applicant submitted his educational
documents to WES for evaluation and that WES completed verification of his
documents on 5 November 2003.

4.  In the processing of this case, an advisory opinion was obtained from
the US Army Human Resources Command, Alexandria, Virginia (HRC-Alexandria)
Policy and Eligibility Inquiries Branch.  The opinion stated that, in
accordance with paragraph 2-20g, Army Regulation (AR) 601-210, if an
applicant has
completed a degree-producing college program from an accredited college or
university, the enlistment grade would be E-4 (foreign transcripts would be
subject to evaluation and accreditation).  The applicant's foreign college
credit evaluation was completed on 5 November 2003.  In accordance with
paragraph 2-21 (5), 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 unit commander.  The opinion further stated that no
retroactive adjustment is authorized and that promotion would be for the
grade the soldier is qualified for at the time of enlistment.  Therefore,
it was recommend that the applicant be promoted to the grade of E-4 with an
effective date and date of rank of 5 November 2003.

5.  On 14 October 2003, the applicant was provided a copy of the advisory
opinion for review and possible comment.  On 27 February 2004, the
applicant concurred with the opinion.

6.  WES is a member of the National Association of Credential Evaluation
Services, Inc.  NACES is an organization devoted to maintaining ethical
standards in the field of foreign education evaluation.

7.  Army Regulation 601-210 governs eligibility criteria, polices, and
procedures for enlistment and processing of persons into the RA and United
States Army Reserve for enlistment on or after the effective date of this
regulation (28 February 1995).  It states:

      a.  In paragraph 2-7h, that soldiers completing high school or having
college credits from foreign colleges or universities must have their
documents evaluated and accredited by one of the following:

      (1) A State Board of Education, a State university or recognized
university or college listed in the Accredited Institutions of
Postsecondary Education book published by the American Council on Education
(ACE).

      (2) Any organization that is a member of the National Association of
Credential Evaluation Service (NACES).

      b.  In paragraph 2-20g, that if the soldier has successfully
completed a degree producing college program of 4 years duration and the
college or university is listed in the Accredited Institutions of
Postsecondary Education
book, published by the American Council on Education and has been awarded a
Bachelor's or higher degree, the soldier may enlist as a SPC/E-4.  (Foreign
degrees and transcripts must be evaluated according to paragraph 2-7h).

      c.  In paragraph 2-2l(5), 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant graduated from a
foreign university in 1996.  He submitted his transcripts for evaluation at
the time of his enlistment on 30 October 2002.  The evaluation and
accreditation was completed on 5 November 2003.

2.  As a college graduate, the applicant was eligible to enlist in the rank
of SPC/E-4.  However, the applicant was considered to be without
documentation of his educational level at the time of enlistment because
his foreign education transcripts had not been evaluated and certified.

3.  In accordance with AR 601-210, a soldier is eligible for promotion to
SPC/E-4 only after a foreign college degree is validated.  The applicant's
degree was validated on 5 November 2003.

4.  The HRC-Alexandria advisory opinion recommends promoting the applicant
to SPC/E-4 effective 5 November 2003.


BOARD VOTE:

__mhm___  __ecp___  ___rr___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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
adjusting his rank to SPC/E-4, effective 5 November 2003, and paying him
any monies owed him as a result of this correction.



                                        Melvin H. Meyer
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004102634                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041116                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |103.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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