PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            7 August 2003    
	DOCKET NUMBER:   AR2003084769

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Ms. Mae M. Bullock		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 date of rank to Sergeant, E-5 be corrected in EDAS (Enlisted Distribution Assignment System) to show 14 September 2000.

3.  The applicant states that she was promoted under the Army Civilian Acquired Skills Program (ACASP); however, her servicing personnel service battalion failed to process the appropriate paperwork.  

4.  The applicant’s military records show that she enlisted in the Regular Army on 15 September 1999 in pay grade E-3 for training in career management field 98X10, Electronic Warfare/Signal Intelligence, ACASP enlistment incentive.  She completed basic training and advanced individual training and was awarded military occupational specialty (MOS) 98G1LKP (Electronic Warfare/Voice Interceptor (Korean)).  She was assigned to Company D, 102d Military Intelligence Battalion, 2d Infantry Division, Korea on 20 July 2000.

5.  On 17 March 2001, the Company D, 102d Military Intelligence Battalion commander requested the applicant's 's date of rank be corrected to reflect a promotion to Sergeant, E-5 effective 14 September 2000.  He stated she met the requirements of the 8-week commander's evaluation under the ACASP and was eligible to be promoted on that date.

6.  Bravo Detachment, 509th Personnel Service Battalion Orders 339-407 dated 5 December 2001 promoted the applicant to Sergeant, E-5 with a date of rank and effective date of 14 September 2000.

7.  On 6 August 2003, the Defense Finance and Accounting Service informed the Board analyst that their records show the applicant's effective date of promotion to E-5 as 1 July 2001.

8.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), paragraph 7-11, states that accelerated promotion of persons enlisted under the ACASP will be made either with 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.  For Regular Army soldiers, this includes 8 weeks of successful performance in the skill.  The accelerated grade will be awarded to qualified soldiers without regard to time in grade, time in service, or promotion allocation.  

9.  In the processing of this case, an advisory opinion was obtained from the Retention Management Division, U. S. Total Army Personnel Command (PERSCOM).  That office noted a review of the applicant's case revealed that effective 14 September 2000 she did fulfill all the requirements for promotion under the ACASP.  However, the applicant's local personnel service battalion failed to submit the appropriate documentation to PERSCOM for system update. Therefore, PERSCOM updated the Total Army Personnel Database to reflect her correct rank of Sergeant, with a date of rank and effective date of 14 September 2000.

10.  A copy of the advisory opinion was provided to the applicant for comment.  She concurred with the advisory opinion.

CONCLUSIONS:

1.  The Board notes that, in accordance with the advisory opinion, the correction requested by the applicant has already been made by PERSCOM.

2.  However, the Defense Finance and Accounting Service indicated that they show the applicant's effective date of promotion to Sergeant, E-5 is 1 July 2001.  The applicant's finance records should be corrected to show her effective date for promotion to E-5 was 14 September 2000 and she should be paid any and all due back pay and allowances.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by changing the effective date of the applicant's promotion to Sergeant, E-5 to 14 September 2000 and by paying her any and all due back pay and allowances.

2.  That so much of the application as has already been corrected by PERSCOM be denied.

BOARD VOTE:  

__aao___  __tbr___  __mmb___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omaratian
		        CHAIRPERSON

INDEX

CASE ID	AR2003084769	
SUFFIX		
RECON		
DATE BOARDED	20030807	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.