IN THE CASE OF:	  

		BOARD DATE:	  2 August 2011

		DOCKET NUMBER:  AR20110005728 


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, in effect, that his enlistment contract be corrected to show he enlisted in pay grade E-4 instead of E-1.

2.  The applicant states he was told by a recruiter that the Army would not evaluate his foreign diploma at the time of his enlistment; however, he could have it evaluated after he entered active duty.  Consequently, he was enlisted in the U.S. Army in the rank of private/pay grade E-1.

   a.  While at advanced individual training, he inquired into the matter and was told to have his diploma evaluated at his first permanent duty station.  Upon reassignment, he submitted his diploma for evaluation.  He received the results in November 2010, which substantiated that he had completed a bachelor's degree.

   b.  His commander promoted him to specialist (SPC)/pay grade E-4 with a date of rank (DOR) of 13 January 2010.  However, he was told by the local Finance and Accounting Office that the retroactive promotion could not be processed by the Defense Finance and Accounting Service (DFAS).

   c.  He was advised to apply to the Army Board for Correction of Military Records to correct the matter.


3.  The applicant provides copies of his enlistment documents, his educational evaluation, promotion and pay documents, and an extract from Army Regulation 601-210 (Active and Reserve Components Enlistment Program).

CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 26 August 2009, shows in:

	a.  Section II (Examination and Entrance Data Processing Codes):

		(1)  Item 17 (Delayed Entry Program (DEP) Enlistment Data), block i (Pay Grade), the entry "E01"

		(2)  Item 18 (Accession Data), block g (Pay Grade), the entry "E01."

	b.  Section III (Other Personnel Data) that he graduated from high school.

	c.  section VI (Remarks) "Rockland Community College is listed in the Commission on Recognition of Postsecondary Accreditation (CORPA) book.  This college evaluated his foreign education credentials."

2.  The applicant's DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows that on 26 August 2009 he enlisted in the U.S. Army Reserve (USAR) for a period of 8 years in pay grade E-1.  This document also shows that on 12 January 2010 he requested discharge from the USAR to enlist in the Regular Army (RA) on 13 January 2010 for a period of 4 years in pay grade E-1.

3.  In support of his application, the applicant provides the following documents:

	a.  Josef Silny & Associates, Inc., International Education Consultants, Miami, FL, Report of Evaluation of Educational Credentials, dated 10 November 2010, shows the applicant's academic documents were verified as authentic by the Kharkiv National University of Internal Affairs:

       (1)  The university is a recognized (accredited), public institution of higher education in the Ukraine.

       (2)  The applicant was enrolled in a 4-year program in Jurisprudence and awarded the degree of Bachelor of Law on 26 June 1999.
   
       (3)   The consultant firm concluded the applicant has the equivalent of a U.S. Bachelor's Degree earned at a regionally accredited U.S. institution of higher education in a major not offered at the undergraduate level in the United States.

   b.  The Army Education Center, U.S. Army Garrison, Humphreys, memorandum, dated 1 December 2010, subject:  Education Center Assessment of an Evaluation and Translation of Education Credentials from a Foreign College shows the review of the applicant's educational credentials indicate he completed the requirements equivalent to a Bachelor's Degree in the United States.

   c.  DA Form 4187 (Personnel Action), dated 30 November 2010; Special Category Promotion Summary; and Enlisted Record Brief, that shows the applicant was promoted to SPC (E-4), effective and with a DOR of 13 January 2010.
   
   d.  DA Form 2142 (Pay Inquiry), dated 21 January 2011, that shows the applicant could not be promoted to SPC (E-4) in the DFAS system because he had not submitted the supporting documents within 6 months of his enlistment.

   e.  DFAS Form 702 (Leave and Earnings Statement) for the month of February 2011 that shows the applicant's grade as "E3" with a pay date of
13 January 2010.

4.  Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the RA and USAR.

	a.  Paragraph 2-18 (Enlistment Pay Grades for Personnel Without Prior Service) provides 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 Accredited Institutions of Postsecondary Education and has been awarded a bachelor's degree or higher, may enlist at any time at pay grade E-4 (specialist).  Advanced promotion is authorized if the 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.

   b.  Paragraph 2-19 (Verification Requirements for Enlistment in Higher Grade) provides that the applicant must provide documentation to support enlistment in the higher pay grade.  (An individual who lacks documentation required for advanced promotion under this paragraph at the 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.)

	c.  Paragraph 8-7 (Correction of Enlistment Grade) states that any correction of enlistment grade, after enlistment documents have been executed, is to be accomplished by the appropriate promotion/reduction action (whichever applies).  Enlistment documents will not be altered to reflect the different grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the pay grade on his enlistment contract is incorrect and should be corrected to show that he enlisted and entered active duty in pay grade E-4 and payment of all back pay he is due.

2.  The evidence of record shows that, based on the applicant's educational credentials when he entered active duty on 13 January 2010, he was eligible to enlist in the RA in pay grade E-4.  However, his official college transcripts were not evaluated to substantiate his eligibility to enlist in the RA in pay grade E-4.  As a result, the applicant was enlisted in the RA in pay grade E-1.

3.  The evidence of record indicates that shortly after the applicant entered active duty he made several attempts to correct the pay grade error by presenting his official college transcripts to Army officials for evaluation.  His initial efforts were unsuccessful.  However, Army officials eventually confirmed the applicant had completed the requirements equivalent to a bachelor’s degree.

4.  On 30 November 2010, the applicant's commander promoted him to SPC/
E-4 effective and with a DOR of 13 January 2010.  However, the evidence of record shows that due to regulatory and/or system constraints DFAS was only authorized to advance the applicant to PFC/E-3.

5.  Therefore, in view of the facts of this case and as a matter of justice, it would be appropriate to correct the applicant's enlistment contract to show he entered active duty in the RA on 13 January 2010 in pay grade E-4.

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the applicant enlisted in the Regular Army on 13 January 2010 in pay grade E-4.

2.  As a result of this correction, the Defense Finance and Accounting Service shall be notified of the Board's determination and pay the applicant all back pay and allowances less any withholdings and/or deductions that are 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)                                         AR20110005728



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ABCMR Record of Proceedings (cont)                                         AR20110005728



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