PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           01 AUGUST 2002                   
	DOCKET NUMBER:   AR2002070091

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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 he be promoted to pay grade E-5 due to his completion of proficiency evaluation in accordance with the provisions of Army Regulation 601-210.

3.  The applicant states that he has not been promoted even though he met all the requirements contained in the regulation.  He submits with his request a memorandum from his commanding officer requesting that he be promoted, a copy of DD Form 1966 series (Record of Military Processing), a copy of his enlistment document (DD Form 4 series), a copy of DA Form 3286-64 (Statement for Enlistment), a copy of DA Form 3286-68 (Statement for Enlistment – Civilian Acquired Skills Enlistment Program), a copy of orders assigning him to Fort Campbell, Kentucky, which shows that the applicant was a practical nurse, who enlisted under the civilian acquired skills program (ACASP), an extract from Army Regulation 601-210 concerning the ACASP, a copy of his license to practice vocational nursing in the state of Texas, a copy of a certificate of proficiency in vocational nursing, a copy of a certificate of training showing successful completion of the Medical Proficiency Training Course on 30 March 2001, a copy of a certificate of achievement, and a copy of an operational change to Army Regulation 601-210, which changes table 7-1, Army Regulation 601-210 to read that to qualify for MOS (military occupational specialty) 91C20 [a soldier] must have successfully passed the National Council of State Boards of Nursing Licensure Examination and possess current state license as a practical or vocational nurse. 

4.  The applicant’s military records show that he completed a course of study in vocational nursing and was awarded the degree of Certificate of Proficiency by the University of Texas at Brownsville in partnership with Texas Southmost College on 12 August 1998, and was licensed to practice vocational nursing in the state of Texas. 

5.  He enlisted in the Army for 4 years in pay grade E-4 on 12 July 2000.  His Statement of Enlistment – United States Army/Army Reserve Civilian Acquired Skills Enlistment Program (DA Form 3286-68) indicates that he understood that his civilian acquired skill as an 91C, licensed practical nurse, was being recognized for enlistment.  He stated that he understood that enlistment under that program authorized him to be advanced in grade based upon his demonstrated skill, proficiency, and conduct as a soldier.  He indicated that he would be advanced to pay grade E-5 in accordance with Army Regulation       601-210, provided he received a recommendation from his commander.  He stated that he understood that promotion was not automatic but depended upon his demonstration of proficiency, skill, and conduct.  

6.  The applicant was assigned to Fort Campbell, Kentucky with a reporting date of 25 July 2000.  The order effecting the assignment shows that he enlisted for MOS 91C10 under the ACASP.  The applicant successfully completed the Medical Proficiency Training Course at Blanchfield Army Community Hospital on 30 March 2001.  On 12 February 2002, the applicant’s commanding officer recommended that the applicant be promoted under the provisions of Army Regulation 601-210, and provided a chronological listing of the applicant’s efforts to be promoted.   

7.  Army Regulation 601-210, chapter 7, provides policy and guidance for the implementation of the ACASP.  The ACASP attracts and uses persons with civilian acquired skills required by the Army.  Persons 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.  Table 7-1 lists the skills and criteria authorized for the ACASP, and states that to qualify for MOS 91C20 as a practical nurse with later appointment to pay grade E-5 a soldier must have successfully completed a State-approved course in practical, registered, or vocational nursing; must have successfully passed the National Council of State Boards of Nursing Licensure Examination and possess current state license as a practical or vocational nurse; and must have completed a specified period of proficiency training as a prerequisite for award of the MOS, and be able to perform the duty requirements of the MOS before award of the MOS and promotion to an accelerated pay grade.

8.  In the processing of this case, an advisory opinion was obtained from the Deputy Chief of Staff G-1.  That office stated that the applicant was authorized the grade of E-5 based on completion of proficiency training and recommended that he be promoted to the rank of Sergeant with a date of rank of                      30 March 2001.  A copy of the opinion was furnished the applicant.  He concurred.
  
CONCLUSIONS:

1.  The applicant should be promoted to Sergeant E-5 effective and with a date of rank of 30 March 2001.  He should receive all pay and allowances in that pay grade effective on 30 March 2001. 

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 showing that the individual concerned was promoted to Sergeant  E-5 effective and with a date of rank of 30 March 2001 and that he receive all due pay and allowances in pay grade E-5 effective on 30 March 2001.

BOARD VOTE:  

___SAC _  __MHM__  __RKS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__ Samuel A. Crumpler___
		        CHAIRPERSON

INDEX

CASE ID	AR2002070091	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020801	
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.	129.00	
2.		
3.		
4.		
5.		
6.