RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2008
	DOCKET NUMBER:  AR20070013555 


	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.


Ms. 

Director

Mr. 

Analyst

      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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 correction of his military records to show that he enlisted in the rank of specialist, pay grade E-4. 

2.  The applicant states, in effect, that he was told that his 4-year college degree would allow him to enlist as a specialist, pay grade E-4.  However, he would initially enter as a private, pay grade E-1 until his education documents arrived from Peru.  He was told not to worry because he had 6 months to submit the documents.  He further states that when he discussed his promotion status during basic training and again later during his advanced individual training, he was informed to wait until he arrived at his permanent duty station.  At Fort Campbell, Kentucky, his first permanent duty station, he was offered help but it did not get him his promotion and he went to the Inspector General for assistance.  He was promoted to private first class, pay grade E-3 with a date of rank a full year after his enlistment.  The applicant contends that his promotion should be back dated to when he enlisted.  He further states that he provided everything required by regulation and he still did not receive his advancement to pay grade E-4.

3.  The applicant provides copies of his Enlisted Record Brief (ERB), a memorandum from the education counselor, a translated copy of his college transcripts from the University of San Martin and the Military School of Chorrillos, and an extract of Army Regulation 601-210 (Personnel Procurement).

CONSIDERATION OF EVIDENCE:

1.  On 23 August 2006, the applicant enlisted in the Regular Army for 3 years and 24 weeks.  There is no evidence showing that he provided any advanced education documents at the time of his enlistment.  He completed his initial training and was awarded military occupational specialty 92F (Petroleum Heavy Vehicle Operator).

2.  On 30 March 2007, the applicant was assigned for duty as a petroleum heavy vehicle operator at Fort Campbell, Kentucky.

3.  In a Memorandum for Promotion Board, United States Army Garrison, Fort Campbell, Kentucky, dated 25 June 2007, the education counselor assessed the civilian education transcripts pertaining to the applicant.  He determined that the applicant had completed 216 non-duplicated semester hours of civilian education.  It further showed that he had earned 22 semester hours at the 
University of San Martin, and 194 semester hours at the Military School of Chorrillos.  There is no indication in this memorandum that the applicant had received a 4-year college degree.

4.   On 23 August 2007, the applicant was advanced to private first class, pay grade E-3.

5.  Section VII (Civilian Education) of the applicant's ERB lists a baccalaureate degree with a 2007 date.

6.  In the processing of this case, an advisory opinion was obtained from the Chief, Force Alignment Division, United States Army Human Resources Command, Alexandria, Virginia 22331-0450.  It stated that the applicant had failed to provide proof of attainment of a degree.  The documents provided by the applicant showed that he had completed 216 semester hours of college credit.  Therefore, he was authorized enlistment in the pay grade of E-3. 

7.  On 3 December 2007, a copy of the advisory opinion was forwarded to the applicant for his review and opportunity to rebut.  No response has been received.

8.  Army Regulation 601-210 (Personnel Procurement) provides, in pertinent part, that personnel without prior service who have successfully completed 48 or more classroom semester hours at an accredited degree granting college or university may enlist at any time at the pay grade of E-3.  Applicant's who have successfully completed a degree-producing college program of 4 years duration and have been awarded a bachelor's degree may enlist at any time at the pay grade of E-4.  This regulation further provides that Soldiers lacking the documentation required under this regulation may submit supporting documents to the personnel officer within 6 months of enlistment.  Documents must be original, certified, or evaluated as required.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows that the applicant had completed 216 semester hours of college credit prior to enlistment in the Regular Army.  However, there is no substantiating evidence showing that documentation was provided by the applicant within the 6 month requirement to do so.  




2.  The applicant's contention that he attempted to provide the required education documents during both basic training and advanced individual training is not supported by any corroborating evidence.  When the applicant arrived at Fort Campbell, Kentucky, the 6 month opportunity to submit his documentation had expired.

3.  The evidence does clearly show that the applicant was authorized to enlist at the pay grade of E-3.  However, he did not receive this promotion until a year later on 23 August 2007.  

4.  In view of the above, the applicant's request for promotion to pay grade E-4 effective at his enlistment should not be granted.  However, his advancement to pay grade E-3 should be made effective at his enlistment of 23 August 2006 and he should receive appropriate back pay.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JLP___  __TSK__  __DWT__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending his advancement orders to Private First Class/E-3 to show his date of rank and effective date as 23 August 2006; and

	b.  paying him all back pay and allowances due as a result of this correction.





2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to promotion to Specialist/E-4.




      _______TSK_________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070013555



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508