IN THE CASE OF:	  

		BOARD DATE:	    26 November 2013

		DOCKET NUMBER:  AR20130016002 


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 date of rank (DOR) for promotion to private first class (PFC) of 10 October 2013 be backdated to the date of his enlistment on 10 October 2012.  In addition, he requests back pay in accordance with (IAW) his adjusted DOR.

2.  The applicant states he was born and raised in the former Union of Soviet Socialist Republics (USSR), where he obtained a university education.  He could not provide his college transcripts when he enlisted for advanced promotion because they were in Russia.  The process to obtain his transcripts was costly and time consuming, which prevented him from providing authenticated education documents in a timely manner.    

3.  He had to enlist in the military as a private (PVT)/E-1.  He requested his college transcripts from Russia, had them translated into English and evaluated at an accredited agency, and finally had them assessed by a Military Education Services Center into promotion points.  Everything in Russia is slow and he was not able to get his education documents converted into promotion points and have them submitted within 6 months of his enlistment.

4.  The applicant provides:

* a copy of his college transcripts
* an Evaluation Report with associated documents
* a letter from Army Continuing Education Services, Fort Bliss, TX, dated 
19 July 2013
CONSIDERATION OF EVIDENCE:

1.  On 10 October 2012, he enlisted in the Regular Army as a health care specialist in pay grade E-1.  He continues to serve on active duty in the rank of PFC.

2.  The applicant's DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States) shows he enlisted on 10 October 2012 in the pay grade of E-1.

3.  The applicant’s DD Form 1966/2 (Continuation of DD Form 1966/1) section III, item 22 (education) shows that he attended the Tulinovka General Education School in Latvia from October 1991 to May 1995.

4.  His record in the U.S. Army Human Resources Command (HRC) - Integrated Web Services, shows he was promoted to PFC/E3 with an effective date and DOR of 10 October 2013.

5.  The applicant provided a copy of an Evaluation Report prepared by the Foundation for International Services, Incorporated, with associated documents from Tambov State University.  The report shows the National Accreditation Agency of Russia of the Ministry of Education of the Russian Federation recognizes the university.  The report shows he had completed the U.S. equivalent of 155 semester hours of university-level credit. 

6.  The applicant provided a copy of his college transcript from the Tambov State University, Russian Federation, which verified his completion of 155 total semester hours in English and German.

7.  A letter from Army Continuing Education Services, Fort Bliss, TX, dated 
19 July 2013, shows the he was assessed as having completed 79.5 non-duplicated semester hours of civilian education credits.

8.  In the processing of this case an advisory opinion was provided by the Chief, DA Promotions, HRC.  The advisory official recommended disapproval of the applicant's request.  The advisory official stated that a review of the records indicated that the applicant enlisted on 10 October 2012 in pay grade E-1.  He did not produce his college transcripts to have them evaluated by the Fort Bliss Education Center until 19 July 2013.  In accordance with Army Regulation 
601-210 (Active and Reserve Components Enlistment Program), Chapter 2, paragraph 18a(16), if a Soldier "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."

9.  Army Regulation 601-210 governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the RA.  Chapter 2 covers enlistment pay grades for personnel without prior service.  Paragraph 18a(7) states Soldiers who have 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 Accredited Institutions of Postsecondary Education may enlist at any time at pay grade PFC. 

10.  Paragraph 18a(16) states Soldiers may submit supporting documents to their personnel officer within 6 months of their enlistment.  College credits or course completion must have occurred prior to date of enlistment.  Effective date and DOR for Soldiers who lacked documentation at time of enlistment will be the effective date of the promotion by the unit commander.  No retroactive adjustment is authorized and each applicant will be advised that failure to produce documents before enlistment or after time frames above will cause them to forfeit entitlement to this incentive.  The promotion will be for the grade the Soldier is qualified for at the time of enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DOR and effective date of promotion to PFC for
10 October 2013 should be backdated to the date of his enlistment on                10 October 2012.  He also requests back pay for his adjusted DOR.  

2.  The evidence of record shows at the time of his enlistment, the applicant had completed 79.5 semester hours.  He submitted his college credits more than
6 months after his enlistment.  

3.  Contrary to the advisory official's denial recommendation it would be equitable to afford the applicant relief.  The applicant was in an extraordinary position that most Soldiers do not experience.  It took a significant amount of time to obtain his college transcripts, and it would serve the interest of equity and fairness to correct his records.  His recruiter should have worked with him to delay his enlistment until he could obtain his college transcripts.

4.  The record shows that, as of 19 July 2013, the date Army Continuing Education Services verified his civilian education, there was sufficient information available to promote him to PFC.  Considering his circumstances, it would be appropriate to correct his records to show he enlisted on 10 October 2012 in the rank of PFC.  He should receive any pay and allowances he may be due as a result of this correction.

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:

* correcting his records to show he enlisted in the rank of PFC on              10 October 2012
* paying him back pay and allowances he may be 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)                                         AR20130016002





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ABCMR Record of Proceedings (cont)                                         AR20130016002



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