PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           26 MARCH 2002                   
	DOCKET NUMBER:   AR2001063283

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Mr. Ronald E. Blakely		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 her records be corrected by promoting her to sergeant effective 16 November 2000. 

3.  The applicant states that she entered the Army under the Army Civilian Acquired Skills Program and should have been promoted to sergeant upon completion of the required training.

4.  The applicant’s military records show that she enlisted in the Regular Army on 17 May 2000 under the Army Civilian Acquired Skills Enlistment Program (ACASP) for Military Occupational Specialty (MOS) 91C (Practical Nurse), in the pay grade of E-4.

5.  On 19 December 1998, prior to her enlistment, the applicant had been awarded a Certificate for Practical Nursing from the Meridian Community College, Meridian, Mississippi.   

6.  On 28 August 2001, a memorandum to the applicant’s company commander, verified that she had successfully completed the Competency Based Orientation in the Intensive Care Unit at William Beaumont Army Medical Center, as of 
16 November 2000, and had been assigned as a Practical Nurse in the Intensive Care Unit.  

7.  On 28 August 2001, a DA Form 4187 (Personnel Action) was sent to the applicant’s Personnel Service Battalion (PSB), Enlisted Promotions, informing them that she had completed all the requirement outlined in the ACASP and was therefore eligible to be promoted to pay grade E-5. 

8.  In the processing of this case, an advisory opinion was obtained from the Deputy Chief of Staff for Personnel, Recruiting Policy Branch, which states that the applicant should have been promoted to the rank of Sergeant based on proficiency training, completed on 16 November 2000, in accordance with Army Regulation 601-210, paragraph 7-9.  The opinion recommended that the applicant be retroactively promoted to the rank of Sergeant with a date of rank of 
16 November 2000 and that she be awarded back pay.  The applicant was provided a copy of the advisory opinion, and concurred with the recommendation.  

9.  Army Regulation 601-210, paragraph 7-9 provides the requirement for proficiency training, and states in pertinent part, that the ACASP enlistment training options require completion of a specified period of proficiency training as a prerequisite for award of the MOS.  For Regular Army members the period of training is 8 weeks.  The training is a transition period in which the member learns to apply the civilian-acquired skills to the military.  Before award of the MOS and promotion to an accelerated pay grade, the member must be able to perform duty requirements of the MOS.
CONCLUSIONS:

1.  The applicant enlisted in the Army under the Army Civilian Acquired Skills Program for MOS 91C, she completed her 8 weeks of proficiency training, was awarded MOS 91C, and given an assignment as a Practical Nurse.  She was thereby eligible for promotion to pay grade E-5 on 16 November 2000, the date her training was completed.  

2.  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 promoting the applicant to the pay grade of E-5, with a date of rank and effective date of 16 November 2000, with back pay and allowances from the date of her promotion.  

BOARD VOTE:  

__GDP__  __DSJ __  __REB __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___George D. Paxson___
		        CHAIRPERSON

INDEX

CASE ID	AR2001063283	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020326	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.