IN THE CASE OF:	  

		BOARD DATE:	  19 November 2009

		DOCKET NUMBER:  AR20090015726 


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 correction of his records to show he enlisted in the rank/grade of specialist (SPC)/E-4 instead of private (PVT)/E-1.

2.  The applicant states that through no fault of his, he enlisted in the rank/grade of PVT/E-1.  He also states the following:  

	a.  He was previously awarded several college degrees, governed by a French education system, in his native country.  When discussing his enlistment with his recruiter, he submitted copies of his college diplomas and transcripts to his recruiter who forwarded the documents to the University of Iowa for evaluation.  However, the U.S. Army Recruiting Command (USAREC) education officer incorrectly interpreted the evaluation report as equivalent to a high school diploma which would have entitled him to enlist as a PVT/E-1.  The recruiter told him that he could get his transcripts reevaluated at a later date and promised him that if he received a favorable reevaluation from another institution, he would be able to backdate an advanced promotion.

	b.  On 22 May 2008, he forwarded his transcripts, at his own expense to World Education Services (WES), a member of the National Association Credential Evaluation Services (NACES).  The next day, his recruiter came to his house and tried to persuade him to enlist as an E-1.  The recruiter came by again on the following day and pressured him into enlisting into the Delayed Entry Program (DEP), as a PVT/E-1, and with no enlistment bonus.  The recruiter promised that after he entered the DEP, the recruiter would be able to correct his rank and other enlistment benefits.  Accordingly, he executed an enlistment contract on 30 May 2008.

	c.  He subsequently completed basic combat training and while attending advanced individual training (AIT), he received the transcript evaluation from WES.  WES awarded him the equivalent of 124 undergraduate-level and 
68 graduate-level semester hours.  The report further stated that he had completed the equivalent of a Bachelor degree, a Masters degree, and one additional year of U.S. advanced graduate studies.  Furthermore, a specialist at an Army Education Center reviewed the evaluation and validated the findings.  

	d.  He repeatedly contacted his recruiter, his supervisor, the station commander, his platoon sergeant, and several other officials to resolve his issue with no luck.  An Army Regulation (AR) 15-6 (Procedures for Investigating Officers and Board of Officers) was ultimately conducted by USAREC officials that did not substantiate any impropriety by the recruiter or the recruiting command and partially attributed the problem to a language barrier and/or miscommunication.  

	e.  The applicant then solicited help from his Member of Congress and the Inspector General; but, again, the response from Army officials was unfavorable. A Judge Advocate attorney ultimately contacted the University of Iowa and confirmed the applicant’s education (a 3 year license and a 1 or 2 year Maitrise) is equivalent to a 4-year Bachelor degree in the U.S.  He concludes that his recruiter’s questionable recruiting behavior and his unwillingness to later assist him, as he promised, led to him enlisting in an inappropriate grade.  

3.  The applicant provides copies of his various foreign college transcripts; a copy of a U.S. Army Recruiting Battalion memorandum, dated 21 May 2008, Subject: Enlistment Credential; a copy of the WES Evaluation and Authentication Report, dated 26 November 2008; a copy of the Education Services Officer’s memorandum, dated 5 June 2009, Subject: Education Center Assessment of Multiple Education Transcripts; a copy of the completed USAREC AR 15-6, dated 25 February 2009, with allied documents and/or sworn statements; a statement, dated 27 August 2009, from his attorney certifying his command of the English language; and a copy of his Enlisted Record Brief, dated 10 November 2-009, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he previously completed a Diplome de License (Diploma of Licentiate) in psychology at the University de Lome in 2003, a Diplome de Maitrise (Master’s Degree) in psychology at the University de Lome in 2005, and an additional 1 year of psychology studies, also at the University de Lome, in 2007. 

2.  On 21 May 2008, the University of Iowa, Iowa City, IA, issued an evaluation of the applicant’s educational credentials.  The Assistant Director of Admissions stated that the transcripts submitted indicated the applicant had completed a License Diploma and a Maitrise.  The License is completed after 3 years of study and the Maitrise is a further 2 years of study.  The License is not considered equivalent to a U.S. Bachelor degree and while the Maitrise is required for entry into a graduate program it is not considered equivalent to a U.S. master’s degree.  The Attestation de Diplome (Baccalaureat de l’enseignement du troisieme) is a completion of secondary school.  The SERIE: D Releve de Notes would list the courses and grades earned in the final year of high school.

3.  On 21 May 2008, by memorandum, a USAREC Education Officer reviewed the applicant’s University of Iowa evaluation and determined that his educational credentials were equivalent to a high school diploma from a tier I High School in the U.S. and that he should be enlisted as a tier I enlistee (tier I applies to Future Soldiers (FS) high school graduates and tier II applies to FS with alternate high school credentials). 

4.  On 30 May 2008, the applicant executed an 8-year enlistment in the U.S. Army Reserve (USAR) under the DEP.  Item 8 (Agreement) of his DD Form 4 (Enlistment/Reenlistment Document) shows the entry "I am enlisting in the USAR this date for 8 years beginning in pay grade E-1 of which…."  

5.  The applicant’s records further show he enlisted in the Regular Army (RA) for a period of 4 years on 25 July 2008.  Item 1 (Acknowledgement) of his DA Form 3286 (Statement of Enlistment) shows the following entry, "In connection with my enlistment in the RA, I hereby acknowledge that I am enlisting for the following programs:"

9A  United States Army Training Enlistment Program (UNCM) 03
9C  United States Army Incentive Enlistment Program (U.S. Army Cash Partnership for Youth Success (PAYS) Program.

He also indicated "My enlistment for this program assures me that, provided I meet required prerequisites, I will receive training in the following Military Occupational Specialty (MOS) or Career Management Field (CMF) 44C (Financial Management Technician)."

6.  Item 35 (Remarks) of the applicant’s DD Form 1966/4 (Record of Military Processing), dated 25 July 2008, shows the applicant was authorized an enlistment grade of private (PV2)/E-2 in accordance with paragraph 2-18 of AR 601-210. 

7.  On 26 November 2008, WES analyzed the applicant’s credentials and issued a Credential Evaluation and Authentication Report in which it opined that the applicant had completed a Bachelor and Master’s degree in psychology from, and one year of advanced graduated study in psychology at, an accredited institution.  

8.  The applicant’s records show he completed basic combat and advanced individual training and was awarded MOS 44C.  He was subsequently reassigned to the 9th Finance Detachment, Fort Lewis, WA, on or about 6 January 2009 and was promoted to private first class (PFC) on 25 July 2009.

9.  On 25 February 2009, an investigating officer (IO) conducted an investigation into suspected recruiting impropriety (RI) to determine if the applicant’s recruiter was aware that the applicant had education credentials greater than a high school but failed to ensure they were properly verified and scanned in prior to his enlistment.  The IO determined that the applicant’s contention that the recruiter would assist him in obtaining his college credits for promotion even after he enlisted was unsubstantiated.  He also determined that the language barrier seemed to contribute to the miscommunication between the applicant and recruiting officials.  The recommendation was that the case be found unsubstantiated.  

10.  On 15 May 2009, by letter addressed to the applicant’s Member of Congress, an official at the U.S. Army Human Resources Command (USAHRC), Alexandria, VA, stated that the WES evaluation provided by the applicant was dated 26 November 2008 and that the applicant had enlisted in the DEP on 
30 May 2008 and the RA on 25 July 2008.  Additionally, the applicant’s education credentials were evaluated by the University of Iowa and a determination was made that his education was equivalent to a high school graduate.  

11.  On 5 June 2009, an Education Services Officer, Army Education Center, Fort Lewis, WA, conducted an assessment of the applicant’s civilian education transcripts and concluded that, based on the WES evaluation, the applicant had completed 192 non-duplicated semester hours which was equivalent to a U.S. Bachelor degree, masters degree, and one additional year of post graduate study.



12.  An advisory opinion was obtained on 16 October 2009 in the processing of this case.  The Chief, Force Alignment Division, USAHRC, Alexandria, VA, recommended the applicant be granted relief with respect to his enlistment rank.  He added that the applicant provided supporting documents to substantiate his request for enlistment as a SPC/E-4.  He graduated and received credentials from the University De Lome with a completion date of April 2007.  He obtained an evaluation translated from WES that is recognized by NACES.  The applicant states that he made numerous attempts to process the request properly; however, he was misinformed which organization translates and validates degrees earned outside the U.S.  In accordance with AR 601-210 (Active and Reserve Components Enlistment Program) and the Army Continuing Education System (ACES), NACES is the appropriate agency for evaluating foreign education credentials.  Additionally, the applicant should be entitled to a high school grad enlistment bonus of $8,000.00 under the provisions of Military Personnel (MILPER) Message 08-061.

13.  A copy of this advisory opinion was furnished to the applicant on 17 September 2009; however, he did not respond. 

14.  AR 601-210 provides for governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the RA, USAR, and Army National Guard (ARNG).  It states, in pertinent part:

	a.  Paragraph 2-7 (Education), applicant is eligible for enlistment if he or she meets trainability and education requirements outlined in paragraph 2–8 and requirements of specific MOS or option for which enlisting.  The provisions of paragraph 2–20 apply for determination of clock, semester, and quarter hours. Education Years code is the highest grade completed.  Transcripts are required for verification of academic classes to qualify for specific MOS requirements.  All Tier 1 education must be verified on the battalion school list.  If outside the battalion area, must be verified with the battalion operations within that area.  All education credentials must be verified on the recruiting battalion school list. 

	b.  Paragraph 2-7 (Degree Credentials), an Associate degree is a certificate conferred upon completion of a 2-year program at a community college, university, or degree-producing technical institute.  A Baccalaureate degree is a certificate conferred upon completion of a 4-year college program other than a first professional degree.  A Masters degree is certificate conferred upon completion of additional academic requirements beyond the baccalaureate or first professional degree but below the doctorate level.  

	c.  Paragraph 2-7 (Foreign Credentials), 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 any degree granting college or university listed in the AIPE (Accredited Institutions of Postsecondary Education) or NACES.  Evaluation under this rule will also be used to qualify applicants under paragraph 2–18 if otherwise qualified.

	d.  Paragraph 2-18 (Enlistment Pay Grade for Non-prior Service Personnel), a member who has successfully completed 24 or more classroom semester hours (36 or more quarter hours) at an accredited degree granting college or university listed in the AIPE or NACES (foreign transcripts must be evaluated according to paragraph 2–7f and 2–20) at any time at pay grade PV2.  A member who has successfully completed 48 or more classroom semester hours (72 or more quarter hours) (without a 4-year degree) at an accredited degree granting college or university listed in the AIPE (foreign transcripts must be evaluated according to paragraph 2–7f and 2–20) may enlist at any time at pay grade PFC. Applicants with an associate degree will be enlisted at pay grade PFC without regard to the number of semester or quarter hours completed.  A member 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 2–7f may enlist at any time at pay grade SPC.  Advanced promotion is authorized if 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.

	e.  Paragraph 2-19 (Verification Requirements for Enlistment in Higher Grade), an applicant must provide documentation to support enlistment in higher pay grade.  Guidance counselors will verify required documents to justify higher pay grade from one of the documents listed below.  After verifying required documents for advanced promotion, a guidance counselor must sign a DA Form 4187 that outlines the promotion authority and the pay grade authorized prior to shipping to basic training.  This applies to those USAR or ARNG members who met an advanced promotion criteria after the initial date of enlistment and who are awaiting shipping to basic training.  Education documents used to grant advanced or accelerated promotions must be listed in the AIPE or NACES.  A guidance counselor, education specialist, operations noncommissioned officer, first sergeant, commissioned officer, or equivalent contracted personnel assigned to USAREC or the ARNG must verify documents.  Verification must be annotated referencing authority for grade in the Remarks section of the DD Form 1966.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should have been enlisted as a SPC/E-4 with entitlement to other financial benefits.

2.  The evidence of record confirms the applicant submitted his foreign college transcripts to his recruiter for evaluation.  As required by the regulation, the recruiter forwarded the transcripts to the University of Iowa, an IEPE.  There was no requirement for the recruiter to forward the transcripts to WES.  It appears officials at the University of Iowa and subsequently at USAREC incorrectly assessed his education credentials as equivalent to a high school diploma.  

3.  The evidence of record further shows the applicant executed an enlistment in the DEP and a subsequently enlistment in the RA in the rank/grade of PV2/E-2 prior to receiving his WES evaluation.  There is no evidence that his recruiter promised him an accelerated promotion.  Therefore, there does not appear to be an error in the processing of his enlistment. 

4.  Nevertheless, had the applicant’s education credentials been properly evaluated, he would have qualified for entry into the RA in the rank/grade of SPC/E-4.  Additionally, a review of Headquarters, Department of the Army incentives messages for the time period of the applicant's enlistment date reveals that a high grad enlistment bonus of $8,000.00 was authorized for a 4-year enlistment in MOS 44C.

5.  Therefore, in the interest of justice, the applicant should be granted full relief and as such, his records should be corrected to show he enlisted in the rank/grade of SPC/E-4 with entitlement to the high grad bonus. 

BOARD VOTE:

____x____  ____x____  ____x____  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 showing that all portions of his 30 May 2008 and 25 July 2008 enlistment contracts (DD Form 4/1 and 4/2, DD Form 1966-2 and 1966-3, DA Form 3286, and any other portion as appropriate) were properly prepared to authorize him enlistment as a SPC/E-4 and the amount of $8,000.00 as a high grad enlistment bonus, and that he be paid said enlistment bonus and all pay and allowances due as a result of this correction.



      _______ _   _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)                                         AR20090015726



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ABCMR Record of Proceedings (cont)                                         AR20090015726



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