IN THE CASE OF:
BOARD DATE: 12 August 2008
DOCKET NUMBER: AR20080010924
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his records be corrected to show that he was advanced to pay grade E-4 effective the date of his enlistment (16 August 2007) and that he be given the back pay this correction would necessitate.
2. The applicant states that at the time of his enlistment he did not have his academic transcript. His recruiter quoted Army regulations which stated that he would be promoted to pay grade E-4 if he provided his academic transcript within 6 months of enlistment.
3. He has provided a copy of his academic transcript, that transcript has been evaluated, but he still hasnt been promoted.
4. The applicant provides a request for personnel action dated 5 November 2007; a transmittal record; an evaluation report; his academic transcript; and excerpts from his military records.
CONSIDERATION OF EVIDENCE:
1. The applicants military records show that he enlisted in the Regular Army on 16 August 2007 in pay grade E-2. His enlistment contract does not contain any mention of him submitting documents within a specified period of time to be promoted.
2. On 23 October 2007, the applicants academic transcript from the University of Lagos in Lagos, Nigeria was evaluated. The evaluator stated that the applicants education at the University of Lagos was the equivalent of a Bachelor of Science degree in Electrical Engineering. However, the evaluator added that The document submitted was a photocopy, so this evaluator cannot attest to its authenticity.
3. Army Regulation 601-210, paragraph 218, Enlistment pay grades for personnel without prior service, states that an applicant who has successfully completed a degree-producing college program of 4 years duration and the college or university is listed in the AIPE and has been awarded a bachelor degree or higher (foreign degrees and transcripts must be evaluated according to paragraph 27f) may enlist at any time at pay grade specialist (SPC). However, applicants who lack documentation required for advanced promotion under this paragraph at time of enlistment 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. While the applicant has submitted a copy of his academic transcript from the University of Lagos, and that transcript has been properly evaluated and determined to be the equivalent of a bachelors degree, there is no evidence that the applicant submitted an original, certified transcript.
2. Without an original, certified transcript, the authenticity of the transcript cannot be ascertained. That is why Army Regulation 601-210 specifies that only original, certified transcripts are acceptable for enlistment at a higher grade.
3. As such, there is insufficient documentation in which to grant the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ 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.
_______ _ X_______ ___
CHAIRPERSON
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.
ABCMR Record of Proceedings (cont) AR20080010924
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ABCMR Record of Proceedings (cont) AR20080010924
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