PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           8 January 2002
	DOCKET NUMBER:   AR2001057847

	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	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Terry L. Placek  		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 his enlistment contract be corrected to show that he was recruited and enlisted under the Army Civilian Acquired Skills Program (ACASP).  By extension, he is also requesting that he be promoted to the rank of Sergeant (SGT/E-5) with the appropriate date of rank.

3.  The applicant states that he has a master's degree in physical education with a concentration in exercise physiology.  He was recruited to become a Biological Science Assistant at the US Army Research Institute of Environmental Medicine (USARIEM).  He was promised that he would be promoted to SGT shortly after his arrival at USARIEM.  However, his recruiter did not enlist him under ACASP and the promotion did not occur.  He is a Specialist (SPC/E-4) at USARIEM, Natick, Massachusetts, serving in military occupational specialty (MOS) 91K20P9, Biological Sciences Assistant.

4.  In support of his application, the applicant submits:  a copy of a 1 December 2000 letter to the Board; a copy of his DD Form 1966/3; a copy of a memorandum from Enlisted Personnel Division, Army Medical Department, awarding the applicant an additional skill identifier (ASI) of P9; a copy of a memorandum from the Commander, USARIEM, supporting his request; a copy of a memorandum from the Chief, Thermal and Mountain Medicine Division, USARIEM, stating that he recruited the applicant as a Biological Sciences Assistant and that he was to have been enlisted under the ACASP.

5.  The applicant’s military records show that he enlisted in the Regular Army for 4 years on 10 June 1999 and the US Army Station/Unit/Command Area Enlistment Option and Incentive Enlistment Program (Student Loan Repayment Program).

6.  In the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff for Personnel (ODCSPER) which recommends that the applicant's request be approved and that he be promoted to the rank of SGT/E-5.  The opinion states that the applicant should have been enlisted under the provisions of chapter 7, Army Regulation (AR) 601-210, in the rank of SPC/
E-4, with accelerated promotion to SGT/E-5.  The applicant was provided an opportunity to respond to the advisory opinion and concurred.

7. AR 601-210, Regular Army and Army Reserve Enlistment Program, prescribes criteria governing enlistment of persons in the Regular Army and US Army Reserve.  Chapter 7 discusses enlistment under the ACASP and provides information for various MOS's, including MOS 91K20P9.  This chapter is frequently updated by messages from the US Total Army Personnel Command (PERSCOM) which establish the final appointment rank.  The final appointment rank for MOS 91K20P9 was established as SGT.

CONCLUSIONS:

1.  The applicant was enlisted to fill a specific vacancy at the USARIEM in MOS 91K20P9.  He was awarded the MOS on 3 March 2001 and is currently serving in it.

2.  AR 601-210 provides that persons with civilian acquired skills in MOS 91K20P9 will be enlisted in the rank of SPC/E-4 and promoted to the rank of SGT/E-5 upon satisfactory demonstration of proficiency.  The applicant has demonstrated that degree of proficiency by virtue of his having been awarded the MOS.

3.  The individual who recruited the applicant for a Biological Sciences Assistant position at the USARIEM has stated that the applicant was to be enlisted under the ACASP.

4.  The ODCSPER advisory opinion supports the applicant's request.

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 enlisted under the ACASP in the rank of SPC/E-4 and that he was granted an accelerated promotion to SGT/E-5, with all due pay and allowances, following his satisfactory demonstration of technical proficiency on or before 3 March 2001, the date he was awarded MOS 91K20P9.

BOARD VOTE:  

__LLS___  __RWA__  __TLP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_    _Luther L. Santiful____
		        CHAIRPERSON

INDEX

CASE ID	AR2001057847	
SUFFIX		
RECON		
DATE BOARDED	20020108	
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.