PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            12 January 2000                  
	DOCKET NUMBER:   AR1999029194

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Irene N. Wheelwright 		Member	
	Mr. Luther L. Santiful		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his date of rank to Specialist (SPC) be adjusted from 1 May 1999 to an appropriate earlier date in accordance with the terms of his enlistment contract.

3.  The applicant states, in effect, that he enlisted under the Army’s Civilian Acquired Skills Program with an entry grade of Private First Class (PFC) and should have been promoted to SPC upon awarding of his military occupational specialty (MOS).

4.  The applicant’s military records show that he enlisted in the Regular Army for 4 years on 20 October 1997 under the Army Civilian Acquired Skills Program.  He completed his military proficiency training and was awarded his MOS on 15 January 1998.  He was not promoted to SPC until 1 May 1999.

5.  In the processing of this case, an advisory opinion was obtained from the Office of The Deputy Chief of Staff for Personnel (ODCSPER) which states that the applicant’s date of rank to SPC should have coincided with the awarding of his MOS on 15 January 1998.

6.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 7 of that regulation provides policy and guidance for implementing the Army Civilian Acquired Skills Program (ACASP).  It states, in pertinent part, that upon demonstration of the appropriate skill level, the soldier will be promoted to the rank of SPC.

CONCLUSIONS:

1.  The applicant enlisted under the ACASP with the understanding that he would be promoted to SPC upon demonstrating the appropriate skill level for his MOS.  He underwent training and was awarded his MOS on 15 January 1998.  He was not promoted to SPC until 1 May 1999.

2.  The ODCSPER opined that the applicant should have been promoted to SPC on 15 January 1998.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was promoted to the rank of SPC on 15 January 1998 and by paying him the appropriate difference in pay and allowances from that date to 1 May 1999.
BOARD VOTE:  

__JNS__  __INW___  __LLS___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_JOHN N. SLONE_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999029194	
SUFFIX		
RECON		
DATE BOARDED	20000112	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	112.0200	
2.		
3.		
4.		
5.		
6.