IN THE CASE OF:
BOARD DATE: 12 November 2009
DOCKET NUMBER: AR20090016509
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 reconsideration of an earlier request to correct his military records to show he enlisted in the rank of specialist/pay grade E-4.
2. The applicant states, in effect, that in 2008 the Army Review Boards Agency only granted partial relief (corrected his records to show he enlisted in the rank of private first class/pay grade E-3) because he provided a certificate and not a degree/diploma for his college credit. He claims that his degree diploma was in Peru and that he flew to Peru in July 2008 to get it. He indicates that he now has everything he needs to have his records corrected to show he enlisted in the rank of specialist/pay grade E-4 effective 26 August 2006.
3. The applicant provides a diploma with translations and a General Evaluation Report in support of his request for reconsideration.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070013555 on 17 April 2008.
2. The applicant provided a diploma translated from Spanish to English which shows he was granted a Bachelor of Military Science degree. This diploma was granted in Lima, Peru, on 28 November 2008. He provided a certification of authenticity for this diploma.
3. The applicant also provided a General Evaluation Report, dated 7 July 2009, which states, in pertinent part, that it is the judgment of Educational Credential Evaluators, Inc., that the applicant has the U.S. equivalent of a Bachelor of Science degree with a major in Military Studies.
4. The applicant's submissions are new evidence which will be considered by the Board.
5. The applicant enlisted in the Regular Army on 23 August 2006 for a period of 3 years and 24 weeks in pay grade E-1. There is no evidence showing that he provided any advanced education documents at the time of his enlistment. He was awarded military occupational specialty 92F (petroleum heavy vehicle operator).
6. In a memorandum for the Promotion Board, Headquarters, U.S. 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 San Martin de Porres University 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.
7. On 23 August 2007, the applicant was advanced to private first class/pay grade E-3.
8. On 17 April 2008, the ABCMR granted partial relief by amending the applicant's advancement orders to private first class/pay grade E-3 to show his date of rank and effective date as 23 August 2006 with back pay and allowances.
9. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states, in pertinent part, that college credit or course completion must have occurred prior to the date of enlistment in the Regular Army.
DISCUSSION AND CONCLUSIONS:
It appears the applicant's degree was granted in Lima, Peru, on 28 November 2008, 2 years after his date of enlistment in the Regular Army. Therefore, in accordance with the governing regulation, there is no basis for granting the applicant's 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 to amend the decision of the ABCMR set forth in Docket Number AR20070013555, dated 17 April 2008.
__________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) AR20090016509
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ABCMR Record of Proceedings (cont) AR20090016509
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