PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           9 April 2002
	DOCKET NUMBER:   AR2001064207

	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. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Donald P. Hupman, Jr.		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 enlistment contract, wherein she enlisted under the Army Civilian Acquired Skills Program (ACASP), be honored and that she be promoted to the rank of Sergeant (SGT/E-5) with an effective date of rank of 3 March 2000.

3.  The applicant states that she enlisted in the Regular Army for 4 years under the ACASP with a degree and license in practical nursing.  She enlisted for military occupational specialty (MOS) 91C, Practical Nurse.  Under the ACASP, she entered military service as a Specialist (SPC/E-4) and should have been promoted to SGT upon successful completion of training.

4.  In support of her application, the applicant submits:  all of her enlistment paperwork; a copy of her DA Form 1059 (Service School Academic Evaluation Report, or AER) showing that she successfully completed her training in MOS 91C on 3 March 2000; a letter of support for her promotion from her company commander; and copies of orders retroactively promoting her to sergeant effective 3 March 2000, and rescinding her retroactive promotion.

5.  The applicant’s military records show that, with a degree and license in practical nursing, she enlisted in the Regular Army for 4 years on 27 August 1999 in MOS 91C, and for the US Army Station/Unit/Command/Area Enlistment Program, and the ACASP.  Under the ACASP, she enlisted as a SPC with the promise of promotion to SGT upon completion of training.

6.  The applicant was promoted to the rank of SGT by Orders 227-651, Headquarters 101st Airborne Division, dated 15 August 2001, with a date of rank and effective date of 3 March 2000.  For unknown reasons, those orders were revoked on 27 September 2001.  Her chain of command immediately sought to reverse the revocation without success.

7.  In the processing of this case, an advisory opinion was obtained from the US Total Army Personnel Command (PERSCOM) which recommends that the applicant's request be approved and that she be promoted to the rank of SGT with a date of rank and an effective date of 3 March 2000.  The applicant was provided a copy of the opinion and concurred with it.

8. 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 91C.  This chapter is frequently updated by messages from the PERSCOM which establish the final appointment rank.  The final appointment rank for MOS 91C was established as SGT.

CONCLUSIONS:

1.  The applicant was enlisted under the ACASP in MOS 91C.  Her enlistment contract specified that she would enter the Army as an SPC/E-4 and, upon completion of training, would be promoted to the rank of SGT/E-5.  She successfully completed her training on 3 March 2000.

2.  AR 601-210 provides that persons with civilian acquired skills in MOS 91C 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 her having received an AER and having been awarded the MOS.

3.  The applicant’s commander supports her promotion to SGT/E-5 with a date of rank and effective date of 3 March 2000.

4.  The PERSCOM 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 promoted to the rank of SGT/E-5 with a date of rank and effective date of 3 March 2000 and paying to her all due back pay and allowances.

BOARD VOTE:  

__RVO__  ___RJW_  __DPH___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Raymond V. O'Connor, Jr. 
		        CHAIRPERSON

INDEX

CASE ID	AR2001064236	
SUFFIX		
RECON		
DATE BOARDED	20020409	
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.