BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20140012608
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 enlistment contract to show he enlisted in pay grade E-2 instead of E-1.
2. The applicant states:
* he enlisted in pay grade E-1
* based on his college education, he should have been enlisted in pay grade E-2
* he gave the recruiter a copy of his original transcript
* the recruiter did not properly prepare his enlistment contract
* this was discovered when he reached his permanent duty station
3. The applicant provides:
* education center assessment of multiple civilian education transcripts
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States)
CONSIDERATION OF EVIDENCE:
1. The applicant provided an education center assessment of multiple civilian education transcripts which states:
a. An education center assessment of the applicant's education transcripts was conducted on 30 June 2010.
b. All educational institutions are accredited by accrediting agencies recognized by the U.S. Department of Education.
c. The applicant completed 39 non-duplicated semester hours of civilian education credit.
2. His DD Form 4, dated 1 October 2013, shows he enlisted in the U.S. Army Reserve (USAR) in pay grade E-1 on 1 October 2013 for 8 years under the Delayed Entry Program (DEP) with an obligation to enlist in the Regular Army (RA) for a period of 4 years not later than 13 January 2014. He was discharged from the USAR DEP and he enlisted in the RA in pay grade E-1 on 13 January 2014 for 4 years.
3. In the processing of this case an advisory opinion was obtained from the Chief, Recruiting Policy Branch, Department of the Army Office of the Deputy Chief of Staff, G-1. The advisory official recommends approval of the applicant's request. The advisory official states:
a. The applicant correctly enlisted in the DEP in pay grade E-1.
b. It appears the original education transcripts provided to the recruiter at the time of entry into the DEP were foreign and needed to undergo a foreign education evaluation for advancement determination purposes. It is the recruit's responsibility to obtain an evaluation of foreign education credentials from an accredited evaluator so recruiting personnel can determine eligibility for advancement. It does not appear this was done by the applicant at initial entry.
c. Army policy states Soldiers who lack documentation required for advanced promotion at time of enlistment may submit supporting documents to the personnel officer within 6 months of enlistment.
d. The foreign education credentials evaluation provided with this request is from an accredited evaluator and is dated 12 March 2014 for 39 semester hours of college courses that were completed between 2007 and 2012. (The referenced evaluation is not contained with this application.)
e. History shows that new Soldiers often encounter challenges providing documents of this nature to the personnel officer within 6 months of entry on active duty, particularly when they are in a training environment.
f. This opinion is based on regulatory guidance outlined in Army Regulation 601-210 (Active and Reserve Components Enlistment Program), chapter 2.
g. The applicant should be promoted to pay grade E-2 effective the date he enlisted in the RA.
4. On 14 October 2014, the advisory opinion was furnished to the applicant for comment. He did not respond.
5. Army Regulation 601-210, paragraph 2-7f (Foreign Credentials), states 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) or National Association for Credential Evaluation Service (NACES).
6. Army Regulation 601-210, paragraph 2-18 (Enlistment Pay Grades for Personnel Without Prior Service), states an applicant 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) may enlist at any time at pay grade PV2.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the USAR DEP in pay grade E-1 on 1 October 2013, he was discharged from the USAR DEP, and he enlisted in the RA in pay grade E-1 on 13 January 2014.
2. Since he completed 39 semester hours prior to his enlistment, his foreign education credentials evaluation is from an accredited evaluator, and the governing regulation states that a Soldier who has completed 24 or more semester hours at an accredited degree granting college or university may enlist at pay grade E-2, it would be equitable to correct the applicant's enlistment contract to show he enlisted in the RA on 13 January 2014 in pay grade E-2.
BOARD VOTE:
___x_____ ___x_____ ___x__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends the DD Form 4 of the individual concerned be corrected to show he enlisted in the RA on 13 January 2014 in pay grade E-2 and paying him any back 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) AR20140012608
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ABCMR Record of Proceedings (cont) AR20140012608
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