PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            26 SEPTEMBER 2002                  
	DOCKET NUMBER:   AR2002071527

	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. 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 she be promoted to pay grade E-5 due to her completion of proficiency evaluation in accordance with the provisions of Army Regulation 601-210.

3.  The applicant states that her enlistment contract stated that she would be promoted to pay grade E-5 after she completed training.  She was eligible for promotion because she is a licensed practical nurse (LPN).  She was not promoted when she completed training in January 2001.  Subsequent to that period, she first failed a physical training test and was flagged, passed a profile physical training test, but was flagged because of her weight.  Since then she has been on profile and has been unable to maintain her weight.  She was told that she would not be promoted until the flag was lifted.  She has attempted to resolve the issue to no avail.  Her commanding officer told her that even though she should have been promoted, she could not now be promoted because she was flagged because of her weight.  She requests that she be promoted to Sergeant with a date of rank in January 2001, with all due pay and allowances. 

4.  The applicant’s military records show that she enlisted in the Army for four years on 26 June 2000 in pay grade E-4.  She elected to enlist as a practical nurse, MOS (military occupational specialty) 91C, as reflected by her 15 May 2000 USAREC Form 978-R-E (Statement of Understanding Regular Army Enlistment Delay for Applicants with Prior Service or an Existing Military Service Obligation).  Her Statement of Enlistment – United States Army/Army Reserve Civilian Acquired Skills Enlistment Program (DA Form 3286-68), also dated        15 May 2000, indicates that she understood that her civilian acquired skill as a practical nurse was being recognized for enlistment.  She stated that she understood that enlistment under that program authorized her to be advanced in grade based upon her demonstrated skill, proficiency, and conduct as a soldier.  She indicated that she would be advanced to pay grade E-4 (A hand written note on that form certified by the operations sergeant on 19 July 2001 at the Tampa Recruiting Battalion, states, “Per AR 601-210, Enlistment Regulation, Page 85, applicant enlists as an E-4 with later appointment to E-5.  This is a correction to her enlistment record.” ) in accordance with Army Regulation 601-210, provided she received a recommendation from her commander.  She stated that she understood that promotion was not automatic but depended upon her demonstration of proficiency, skill, and conduct.  

5.  A 29 January 2001 DA Form 1059 (Service School Academic Evaluation Report) shows that the applicant successfully completed an ACASP course in MOS 91C10 from 28 November through 12 January 2001. 

6.  In a 2 April 2002 memorandum to this Board, the applicant’s Medical Department Activity troop commander at Fort Campbell, Kentucky, recommended approval of her promotion to Sergeant E-5 effective on 18 January 2001.  He stated that she met all the requirements of Army Regulation 601-210, and should have been recommended for promotion on the completion of her training as stated in her enlistment contract.  He stated that she has proven to be a highly dedicated and professional soldier and should not be penalized due to a lack of knowledge on the part of her company commander.  

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.  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.  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.  Army Regulation 600-8-19 provides for enlisted promotions and states in pertinent part that soldiers enlisted into 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.

9.  In an undated advisory opinion, the Chief, Promotions Branch at the Total Army Personnel Command stated that regulatory guidelines authorize PERSCOM Enlisted Branch to execute ACASP promotions within 6 months from the date the soldier completes the required training.  Promotion requests submitted after the 6-month period must be forwarded to the ACASP proponent for determination.

10.  In a 17 June 2002 advisory opinion, the Office of the Deputy Chief of Staff   G-1 recommended that the applicant be retroactively promoted to the rank of sergeant with a date or rank of 18 January 2001 and that she receive all due pay and allowances from that date.  A copy of this opinion was furnished the applicant.  She concurred on 21 June 2002.  In response to an inquiry from a member of this agency on 9 September 2002, the Office of the Deputy Chief of Staff G-1 now recommended that she be promoted on 12 January 2001 [the date that she completed proficiency training].
CONCLUSIONS:

1.  The applicant’s present commander and the ACASP proponent both aver that the applicant met all the requirements for promotion to pay grade E-5 under the ACASP program and that she should have been promoted to Sergeant on the completion of her training.  There is no reason to doubt otherwise.

2.  The applicant completed proficiency training on 12 January 2001.  She should have been promoted to Sergeant E-5 on that date. 

3.  Consequently, the applicant’s records should be corrected to show that she was promoted to Sergeant, pay grade E-5 effective and with a date of rank of      12 January 2001.  She should receive all due pay and allowances in that grade effective on 12 January 2001.

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 Sergeant, pay grade E-5 effective and with a date of rank of 12 January 2001 and that she receive all due pay and allowances in that pay grade effective 12 January 2001.  

BOARD VOTE:  

__RVO__  __RJW__  __KYF___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2002071527	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020926	
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.