MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           18 October 2001
	DOCKET NUMBER:   AR2001059883

	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	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Barbara J. Ellis		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:  That her rank be advanced to sergeant (SGT/E-5) retroactive to the date she was promoted to specialist (SPC/E-4).

APPLICANT STATES:  That she enlisted under the Army Civilian Acquired Skills Program (ACASP).  Her enlistment grade was private first class (PFC/E-3).  Upon successful completion of all training required for her particular enlistment program (military occupational specialty, or MOS, 91C, Practical Nurse), she was promised promotion to SGT.  When she completed her training, she was only promoted to SPC, effective 1 January 1999.

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

She enlisted in the Regular Army for 4 years on 25 June 1998.  She enlisted for the US Army Station/Unit/Command/Area Enlistment Option specifying Fort Sill, Oklahoma as her station of choice.  She also enlisted for the ACASP in MOS 91C, Practical Nurse.  Under this option, she was enlisted as a PFC and, upon demonstration of proficiency, skill and conduct, was promised advancement to SPC provided she received a recommendation from her commander.  The applicant signed DA Form 3286-68, Statement for Enlistment - United States Army/Army Reserve Civilian Acquired Skills Enlistment Program, on 26 June 1998 acknowledging that her ultimate rank would be SPC.

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 denied.  The opinion states that there is no proof that the applicant was promised promotion to SGT upon completion of training.  The applicant was provided an opportunity to respond to the advisory opinion, but did not do so.

Army Regulation 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 91C.  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 91C was established as SPC by PERSCOM message.

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, it is concluded:

1.  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 this requirement.
2.  The applicant's enlistment contract specifically states that she would be enlisted as a PFC and promoted to SPC upon satisfactory completion of a period of duty demonstrating her proficiency as a practical nurse.  She acknowledged this fact with her signature on 26 June 1998.  Her enlistment contract never specified that she would be promoted to SGT.  This is in accordance with changes to AR 601-210.

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

__FNE__  ___MHM_  __BJE___  DENY APPLICATION

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

INDEX

CASE ID	AR2001059883	
SUFFIX		
RECON		
DATE BOARDED	20011018	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	112.0200	
2.		
3.		
4.		
5.		
6.