IN THE CASE OF:	  

		BOARD DATE:  21 June 2012

		DOCKET NUMBER:  AR20110023000 


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 his enlistment grade be changed.

2.  The applicant states he has a baccalaureate degree from Hanoi University of Technology.  He should have been enlisted as a specialist (SPC/E-4), but he was enlisted as a private first class (PFC/E-3) based on his credits from Metropolitan Community College (MCC), Kansas City, MO.

3.  The applicant provides:

* his diploma
* a translation of his college transcripts
* an evaluation of his transcripts performed by the American Association of Collegiate Registrars and Admissions Officers (AACRAO)
* MCC transcripts

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) for 3 years and 23 weeks on 25 May 2010.  His enlistment contract shows he enlisted as a PFC/E-3 in accordance with Army Regulation 601-210, paragraph 2-18 (Enlistment pay grades for personnel without prior service).  He signed his enlistment contract.



2.  The translated transcripts provided by the applicant show he was awarded a Bachelor of Environmental Engineering degree from Hanoi University of Technology in 2008.  The transcripts were evaluated and certified by AACRAO in a report dated 16 December 2010.

3.  In the processing of this case, an advisory opinion was obtained from Chief, Recruiting Policy Branch, Office of The Deputy Chief of Staff, G-1 which states that foreign college transcripts must be evaluated by a university listed in Accredited Institutions of Postsecondary Education (AIPE) published by the American Council on Education or be a member of the National Association of Credential Evaluation Services (NACES), two entities accepted by the U.S. Army.  The opinion notes the applicant's transcripts were not properly evaluated and recommends denial of his request to be advanced to SPC/E-4 based on education at enlistment.  The applicant was provided an opportunity to respond to the advisory opinion.  In a letter received on 14 March 2012, he requested more time to obtain the proper evaluation.

4.  In a letter dated 7 May 2012 and received on 10 May 2012, the applicant responded to the G-1 advisory opinion.  He forwarded a "Credential Evaluation and Authentication Report" which he received from WES (World Education Services).  This document proclaims the applicant's foreign degree to be the equivalent of a Bachelor's degree from a regionally accredited U.S. institution.  WES is a founding and current member of NACES.

5.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior Service, into the RA, the U.S. Army Reserve (USAR), and the Army National Guard (ARNG).  It states:

	a.  in paragraph 2-18a(7) an applicant (for enlistment) 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 paragraphs 2–7f and 2–20) may enlist at any time at pay grade PFC.

	b.  in paragraph 2-18a(9) 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 2–7f) may enlist at any time at pay grade SPC/E-4.



	c.  in paragraph 2-18a(16) when an applicant lacks documentation required for advanced promotion under this paragraph at time of enlistment, they may submit supporting documents to the personnel officer within 6 months of enlistment.  Documents must be original, certified, or evaluated, as required.  Only colleges and universities listed in the AIPE, NACES, or foreign transcripts evaluated according to paragraph 2–7f, may be used.

	d.  in paragraph 2-7f 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 Accredited Institutions of Postsecondary Education (AIPE) book published by the American Council on Education or the National Association of Credential Evaluation Services (NACES).

	e.  Paragraph 2-20 states combining of semester hours with quarter hours or combining clock hours with either semester or quarter hours for enlistment purposes and advanced promotion is authorized.

6.  According to Integrated Web Services (IWS), the applicant was promoted to SPC/E-4 on 1 January 2012.

DISCUSSION AND CONCLUSIONS:

1.  The applicant believes he should have been enlisted as a SPC/E-4 based on his education, specifically his foreign baccalaureate degree.

2.  The applicant was enlisted and awarded pay grade PFC/E-3 in accordance with paragraph 2-18, Army Regulation 601-210.  This paragraph authorizes an advanced enlistment grade based on having 48 semester hours of college, but no degree.  The applicant used his MCC credits (earned in the U.S.) to meet this requirement.

3.  The applicant graduated from a foreign university in 2008.  He did not have his college transcripts properly evaluated in accordance with Army Regulation 601-210, so he was denied enlistment as a SPC/E-4.  The Chief, Recruiting Policy Branch, G-1, in an advisory opinion, recommends denial.  That recommendation offers conclusions without factual analysis, merely recounting regulatory guidance.

4.  The applicant has provided an evaluation of his foreign degree completed by WES, a founding and current member of NACES.  As such, evaluation reports prepared by NACES members are judgments based on appropriate reference material, including current research.  NACES member organizations examine documents for accuracy and authenticity.  Reports include information about the credential awarded and the U.S. equivalency.  NACES evaluations are accepted by the U.S. Army; therefore, the applicant's foreign degree is properly evaluated.

5.  By regulation, the applicant had a 6-month window of opportunity in which to submit supporting documents to his personnel officer to show entitlement to enlistment at the SPC/E-4 grade.  He failed to accomplish this; however, it appears he made a good faith effort to comply (based on AACRAO documents he submitted, but which were rejected).

6.  As a result of the applicant's request to this Board, he has again gone out and obtained an evaluation of his foreign transcripts, this time from WES, a founding member of NACES.  This document is accepted as proof his 4-year degree is acceptable for enlistment as a SPC/E-4.  Therefore, the G-1 advisory opinion notwithstanding, it would be in the interest of equity to promote the applicant to SPC/E-4 6 months from the date of his enlistment as a PFC/E-3 in accordance with paragraph 2-18a(16), Army Regulation 601-210.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X__ _  ____X___  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:

* voiding his 1 January 2012 promotion to SPC/E-4
* showing he was promoted to the grade of SPC/E-4 effective 25 November 2010, 6 months after his initial enlistment as a PFC/E-3 on 25 May 2010
* paying him all due back pay and allowances

2.  The Board further determined 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 promoting him to SPC/E-4 effective the date of his enlistment on 25 May 2010.



      __________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)                                         AR20110023000





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ABCMR Record of Proceedings (cont)                                         AR20110023000



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