MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           18 DECEMBER 2001                
	DOCKET NUMBER:   AR2001057519

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

	Mr. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Jose A. Martinez		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  In effect, retroactive promotion to pay grade E-5, based on his eligibility for enlistment under the Army Civilian Acquired Skills Program.

APPLICANT STATES:  At the time of his enlistment he met eligibility requirements for enlistment under the Army Civilian Acquired Skills Program and should have received an accelerated promotion to pay grade E-5.  He notes that he held a degree in dentistry at the time he enlisted to be an Army dental specialist and as such met eligibility requirement for the Army Civilian Acquired Skills Program.  In support of his request he submits copies of his college course work and certification that his degree from the Universidad Federico Henriquez y Carvajal, in the Dominican Republic, is the educational equivalent to a Bachelor’s degree in dentistry in the United States.

EVIDENCE OF RECORD:  The applicant's military records show:

He is a citizen of the Dominican Republic and was awarded a “Doctor of Orthodontics Degree” from the Universidad Federico Henriquez y Carvajal in 1994.  A statement from Globe Language Services, rendered in July 1998 and submitted by the applicant in support of his request, indicates that his Doctor of Orthodontics Degree is the educational equivalent in the United States to a Bachelor’s degree in dentistry.

Information provided by the applicant, as part of his back ground information upon enlistment in the Army, indicates that he obtained his resident alien card in June 1993 and that between May 1995 and May 1998 he worked as a phlebotomist/nursing assistant at the Union Health Center in New York.  He does not list a place of employment between May 1998 and September 1998 when he entered active duty.

His enlistment contract indicates that he enlisted for training as a dental specialist (specialty 91E), that he held a college degree, and was enlisted in pay grade 
E-4.

In the processing of this case, an advisory opinion was provided by the Office of the Deputy Chief of Staff for Personnel.  It noted that the applicant underwent training in specialty 91E at Fort Sam Houston, Texas, “which would negate the civilian acquired skill program in which you only complete basic and report to first duty location as already trained without attending military occupational specialty training.”  It noted that the “proponent” would have reviewed his educational background when he arrived at Fort Sam Houston and “could have placed him 

into [the] civilian acquired skill program and cancel[ed] his military occupational training.”  Ultimately the opinion noted there was insufficient evidence available to determine if the applicant should have “been accessed into the Army civilian acquired skill program….”  The applicant was provided an opportunity to respond to the advisory opinion, but his notification memorandum was returned by the post office as undeliverable, without a forwarding address.

Army Regulation 601-210, chapter 7, provides policy and guidance for implementing the Army Civilian Acquired Skills Program (ACASP).  The ACASP is intended to attract and use individuals with civilian-acquired skills required by the Army.  Individuals qualified for the ACASP may be given an advance in grade upon enlistment and may be entitled to accelerated promotion based on the skill level held, and demonstrated duty performance.

To qualify in specialty 91E an individual must successfully complete a recognized 6-month course for dental assistants and have at least 2 ½ years of experience in chairside assistant duties or possess a certificate, diploma, or associate or higher level degree, awarded for successful completion of a 2 year or longer course in dental hygiene.  Additionally all applicants for the ACASP must “have had either training or experience in their civilian-acquired skill within 24 months of enlisting.”  

Army Regulation 601-210 also provides that individuals who have successfully completed a degree producing college program of 4 years duration and been awarded a bachelor’s or higher degree may be enlisted in pay grade E-4.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  Notwithstanding the information provided in the advisory opinion, the available evidence does confirm that the although the applicant may have held a degree equivalent to a bachelor’s degree in dentistry, he acquired that degree in 1994 and there is no indication that he worked in the dental field within 24 months of his enlistment.  As such he would not have met the basic qualification requirement for enlistment under the ACASP.  However, the degree did permit him to be enlisted in pay grade E-4.

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__INW __  __TL  ___  __JAM __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001057519	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011218	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	112.02	
2.		
3.		
4.		
5.		
6.