PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  14 December 2000
	DOCKET NUMBER:  AR2000043554

	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. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Hubert O. Fry		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, in effect, that he be accelerated to SGT/E5 under the Army Civilian Acquired Skills Program (ACASP) in military occupational specialty
(MOS) 91C with a retroactive date of rank.  He also requests to have his DA Form 3286B-R, which is missing from his enlistment contract, added to his permanent records in order to be promoted under the ACASP.

3.  The applicant states that all parts of his enlistment contract refer to his position as 91C.  He also states that DA Form 3286-64 (Statement for Enlistment) shows the entry “ACASP NO FORMAL TRAINING 91C1 PRACTICAL NURSE”.  In support of his application he submits a copy of a memorandum for record from his former commander, dated 18 December 1998, a copy of a memorandum for record from his former wardmaster, dated 20 June 2000, a copy of DA Form 3286-64 (Statement for Enlistment), a copy of DA Form 1966/3 (Record of Military Processing – Armed Forces of the United States) and a copy of an extract from Army Regulation 601-210.

4.  The applicant’s military records show he enlisted on 26 June 1997.  He continues to serve and is presently assigned to Company B, Tripler Army Medical Center in Honolulu, Hawaii, as a practical nurse.

5.  The DA Form 3286-64 provided by the applicant shows the entry “ACASP-NO
FORMAL TRAINING 91C1 PRACTICAL NURSE”.

6.  The applicant provided a copy of a memorandum of record from his former commander.  His former commander states that the applicant entered the Army under the ACASP.  She also states that the applicant has met the prerequisites
for obtaining his license as a licensed practical nurse, completed structured and documented preceptorship working with another licensed practical nurse or a registered nurse, and that he should have been promoted to SGT/E-5 from his initial entry pay grade of SPC/E4.

7.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Paragraph 7-11 pertains to award of MOS, accelerated promotion, and
adjustment of basic enlisted service date.  Persons enlisted under the ACASP will be in pay grade E3 if they meet the criteria of table 7-1.  Promotion to the accelerated grade and award of the MOS authorized by the enlistment agreement will be made either with approval of the unit commander or by the training commander for active Army personnel, after successful completion of all training required by the enlistment program selected in table 7-2 or 7-3.  (For RA, this includes 8 weeks of successful performance in the skill.)  The accelerated grade will be awarded to qualified soldiers without regard to time in grade, time in 

service, or promotion allocation.  After having been awarded the ACASP MOS and promoted to the accelerated grade, the person will be governed by AR 600-200 or AR 135-205 and AR 140-158, as appropriate.  This applies for later personnel management including promotions. 

8.  In the processing of the case an advisory opinion was provided by the Total Army Personnel Command (PERSCOM), Retention Management Division.  The PERSCOM stated that the applicant is requesting an accelerated promotion to 
SGT/E-5 under the ACASP MOS 91C with a retroactive date of rank.  In accordance with Army Regulation 601-210, paragraph 7-11, promotion to the accelerated grade and award of the MOS authorized by the enlistment agreement will be made either with approval of the unit commander or by the
training commander for active Army personnel, after successful completion of all training required by the enlistment program selected in table 7-2 or 7-3.  This includes 8 weeks of successful performance in the skill.  PERSCOM also stated that the applicant’s commander had validated that he has successfully completed all required training and promotion was deferred due to a missing document which is part of his enlistment packet.  Therefore, it was recommended that the applicant be accelerated to the rank of sergeant with an adjusted date of rank of 1 September 1997.

CONCLUSIONS:

1.  The applicant’s DD Form 3286-64 shows the entry “ACASP NO FORMAL TRAINING 91C1 PRACTICAL NURSE” which is correct.  

2.  The evidence of record shows that the applicant entered the Army under 
ACASP, met the prerequisites for obtaining his license as a licensed practical nurse, completed structured and documented preceptorship working with another licensed practical nurse or a registered nurse, and that he should have been promoted to SGT/E-5 from his initial entry pay grade of SPC/E4.

3.  The evidence of record shows that the applicant was entitled to promotion to SGT/E5 in accordance with Army Regulation 601-210, paragraph 7-11.  
Therefore, he is entitled to correction of his records to show that he was accelerated to the rank of SGT/E-5 with an adjusted date of rank and effective date of 1 September 1997.

4.  Furthermore, the applicant appears to have suffered an injustice when he
was not promoted on time after completion of all training requirements and he is entitled to all back pay and allowances that accrue by virtue of this adjusted promotion.

5.  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 accelerated to the rank of SGT/E-5
with an adjusted date of rank and effective date of 1 September 1997 with entitlement to all back pay and allowances.

BOARD VOTE:  

__jh___  __rd_____  __hf______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___June Hajjar____
		        CHAIRPERSON

INDEX

CASE ID	AR2000043554	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001214	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	ACTIVE DUTY	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  310		
2.		
3.		
4.		
5.		
6.