PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            26 September 2002
	DOCKET NUMBER:   AR2002070253

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Karen Y. Fletcher		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 his date of rank (DOR) and effective date for promotion to the rank and pay grade of sergeant (E-5) be changed from 3 January 2000 to 14 August 1999, with entitlement to all back pay and allowances.

3.  The applicant states that, in accordance with Army Regulation 601-210, he met all of the requirements to be promoted to the pay grade of E-5, 8 weeks after he completed all of the required courses.  In support of his application he submits a copy of a certificate of completion of training as a dental surgeon dated 5 December 1997; a copy of a letter dated 28 October 1999 from Academic and Professional International Evaluations, Incorporated listing the schools that he attended and the equivalency of his studies; a copy of his certification of completion of the Primary Leadership Development Course dated 27 July 2001; a General Evaluation Report from the Educational Credential Evaluators, Incorporated dated 14 November 2000, indicating that he has United States equivalent of a Doctor of Dental Surgery degree; a copy of a personnel action dated 18 December 2001, requesting that his promotion to the pay grade of E-5 be backdated to 6 June 2000; a copy of his Bachelor of Dental Surgery degree; a copy of a personnel action dated 25 October 2000, recommending that he be promoted to the pay grade of E-5; a copy of orders dated 6 November 2000, promoting him from the pay grade of specialist (E-4) to the pay grade of E-5, effective 25 October 2000; a copy of his enlistment contract; a copy of a letter from his former supervisor dated 30 August 2001, supporting his request to have his promotion backdated; and a copy of a personnel action dated 27 December 2001, recommending approval to have his promotion backdated.

4.  The applicant’s military records show that while serving in the Army Reserve Delayed Entry Program, he enlisted in the Regular Army on 25 January 2000, for 4 years, in the pay grade of E-4, under the Army Civilian Acquired Skills Program (ACASP) in the military occupational specialty (MOS) of 91E10 (Dental Specialist).  At the time of his enlistment, he had completed studies equivalent to a valid Bachelor of Science degree in Dental Surgery.  His enlistment contract shows 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 reflecting his proficiency, skill and conduct.

5.  On 25 October 2000, the applicant’s commanding officer submitted a Personnel Action (Department of the Army (DA) Form 4187) recommending that the applicant be promoted to the pay grade of E-5.  In his recommendation, the commander cited his demonstrated skill and proficiency as a Dental Specialist as a basis for the recommendation.

6.  Orders were published on 6 November 2000, promoting the applicant from the pay grade of E-4 to pay grade E-5, effective 25 October 2000.

7.  In a memorandum dated 30 August 2001, the applicant’s former immediate supervisor affirmed that he supervised the applicant from 6 April 2000 until he departed Larsen Dental Clinic on 15 January 2001 and that he was fully qualified and proficient in his MOS upon his arrival.  The applicant’s former supervisor also stated that the applicant performed successfully and expertly all tasks and skills required of his MOS upon his arrival and that he heartily endorsed backdating the applicant’s date of promotion to 6 June 2000.

8.  On 26 December 2001, the applicant’s commanding officer submitted a DA Form 4187 recommending that his promotion to pay grade E-5 be backdated to 6 June 2000, in accordance with Army Regulation 601-210, paragraph 7-9 and paragraph 7-11.

9.  In the processing of this case a staff advisory opinion was obtained from the Recruiting Policy Branch of the Total Army Personnel Command (PERSCOM) which opines, in effect, that the purpose of the ACASP is to bring in potential recruits that already possess a skill that converts to a MOS, thus saving the Army the costs of Advanced Individual Training (AIT).  It further opined that inasmuch as the applicant enlisted in the Army under the provisions of Army Regulation 601-210, paragraph 7-9, he should have been promoted to the pay grade of E-5 upon completion of his proficiency training, which occurred on 6 June 2000.  The PERSCOM recommended that the applicant be retroactively promoted to the rank of sergeant (E-5) with a date of rank of 6 June 2000 and back pay awarded due to his meeting the requirements as outlined in Army Regulation 601-210.

10.  On 18 June 2002, the staff advisory opinion was forwarded to the applicant for his review and concurrence.  The advisory opinion was returned to this Board with a concurrence date of 8 July 2002.

11.  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.  Promotion to the accelerated grade and award of the MOS authorized by the enlistment agreement will be made either with the approval of the unit commander or by the training commander for active Army personnel, after successful completion of all training required by the enlistment program selected.  

12.  Army Regulation 600-8-19 provides for enlisted promotions and states in pertinent part that soldiers in the Army under ACASP in accordance with Army Regulation 601-210 will be promoted under this paragraph (AR 600-8-19, paragraph 3-7).  The effective date and date of rank will be the date all requirements are met.  That paragraph also states that all soldiers promoted under the ACASP will be reported to PERSCOM for grade change input.

CONCLUSIONS:

1.  The applicant was qualified for the accelerated promotion and was recommended for promotion by his unit commander.  

2.  At the time of his enlistment, he had completed studies equivalent to a valid Bachelor of Science degree in Dental Surgery.  His enlistment contract shows that he would be advanced to pay grade E-5 in accordance with Army Regulation 601-210, provided he receive a recommendation from his commander reflecting his proficiency, skill and conduct.

3.  His commanding officer recommended that he be promoted to the pay grade of E-5 effective 6 June 2000.  In doing so, he indicated that he met all of the requirements for the accelerated promotion.  He should have been promoted to the pay grade of E-5 effective on that date.

4.  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 pay grade of E-5, effective 6 June 2000, with a date of rank of 6 June 2000, and with entitlements to all back pay and allowances.

BOARD VOTE:  

__rjw____  __kf ____  ___rvo __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR2002070253	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/09/26	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  310	131.0000/Promotion	
2.		
3.		
4.		
5.		
6.