RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 November 2005
      DOCKET NUMBER:  AR20050011582


      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. Ronald DeNoia                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 her records be corrected to show an
enlistment grade of specialist four/E-4 with a date of rank of 17 October
2003 and that she be granted back pay,

2.  The applicant states that at the time of her enlistment she could only
document 3 years of undergraduate study.  She obtained college credits
evaluation and accreditation on 6 May 2005 and therefore is eligible for an
enlistment grade of Specialist.

3.  The applicant provides an Enlisted Records Brief; a college credit
evaluation report; DD Form 1966 (Military Processing); and a six page
Statement for Enlistment.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army on 8 October 2003 under the Delayed
Entry Program (DEP).  She entered on active duty on 17 October 2003 in the
grade of private first class/E-3.

2.  In order to be eligible for entry on active duty as a specialist the
applicant needed to provide verification of successful completion of her
Bachelor's degree. At the time of her enlistment she could only document 3
years of undergraduate study.

3.  On 31 January 2005, the applicant obtained verification of completion
of her Bachelors degree in Marketing Technology on 6 August 1992 from the
Columbian School Foundation of Marketing Technology in the Republic of
Columbia.

4.  This verification was provided by an educational credential evaluation
service that is not listed as a member of the National Association of
Credentials Evaluation Service (NACES).  A staff member of the ABCMR
contacted this service and learned that while it is a member of the
Association of International Credential Evaluators (AICE) they could not
claim to be a member of NACES.

5.  AR 601-210, in effect at the time, provided that an applicant is
eligible to be enlisted in the grade of specialist if he/she has
successfully completed a degree producing college program of 4 years
duration and has been awarded a Bachelor's or higher degree.  This
regulation also states that foreign degrees must be evaluated and
accredited by 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
any organization who is a member of the National Association of Credential
Evaluation Service.

6.  US Army Human Resources Command (HRC) recommended, in an advisory
opinion, that the applicant be promoted to E-4.  This recommendation was
based on the provisions of AR 601-210 and the applicant's successful
completion of a degree producing college program of 4 years duration and
awarded a Bachelor's degree or higher from a college or university listed
in the Accredited Institutions of Post-secondary Education.  The advisory
opinion also recommended a date of rank (DOR) and effective date of 6 May
2005 instead of her enlistment date based on the regulation's provision
that the date of rank for Soldiers who lacked documentation at the time of
enlistment is the effective date of promotion by the unit commander.

7.  The applicant was provided a copy of this advisory opinion on 23
September 2005.  However, to date, a response has not been received
regarding acknowledgement of or concurrence with the advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  Although the applicant has provided proof of her Bachelor's degree and
that it was earned prior to her enlistment it does not meet the regulatory
requirements of accreditation.  Her foreign degree was not evaluated and
accredited by a State Board of Education, a State University or recognized
university or college listed in the Accredited Institutions of Post-
secondary Education Book, or an organization who is a member of the NACES.
The evaluation service that she utilized is not recognized in the
appropriate publications used by the Department to establish accreditation.

3.  The HRC's advisory opinion did not take into consideration that an
unqualified agency evaluated and accredited the applicant's foreign degree;
therefore, its recommendation is not consistent with regulations and
requirements.

4.  In the absence of evidence to show the applicant's degree was
recognized by an organization identified in regulations there is no basis
to grant relief.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __lds___  __mjf___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.



                                        Margaret K. Patterson
                                  ______________________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050011582                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112.0200                                |
|2.                      |112.0700                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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