RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            27 January 2004   
	DOCKET NUMBER:   AR2003088771

	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. Lester Echols		Member	
	Ms. Yolanda Maldanado		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his date of rank to Sergeant, E-5 be adjusted to 12 April 2002.

2.  The applicant states that he was promoted to Sergeant, E-5 with a date of rank of 14 February 2002.

3.  The applicant provides his DA Form 3286-68 (Statement for Enlistment United States Army/Army Reserve Civilian Acquired Skills Enlistment Program); his advanced individual training (AIT) completion certificate; promotion orders dated 13 January 2003; a DA Form 4187 (Personnel Action) dated 6 February 2003; a memorandum dated 25 March 2003; orders dated 2 September 2003 revoking his January 2003 promotion orders; and promotion orders dated 2 September 2003.

CONSIDERATION OF EVIDENCE: 

1.  The applicant’s military records show that he enlisted in the Regular Army on 9 July 2001 in pay grade E-3 for training in military occupational specialty 98G, Voice Interceptor, Army Civilian Acquired Skills (ACASP) enlistment incentive.  He completed AIT, the Electronic Warfare/Voice Interceptor (Russian) Course, on 14 February 2002.  The Enlisted Distribution Assignment System (EDAS) shows he was assigned to the 201st Military Intelligence (MI) Company, Bad Aibling, Germany on 14 March 2002.  (Records at the Defense Finance and Accounting Service (DFAS) show he arrived in Germany on 22 February 2002.)

2.  Detachment B (Stuttgart), 510th Personnel Services Battalion Orders 013-1 dated 13 January 2003 promoted the applicant to Sergeant, E-5 with a date of rank and an effective date of 14 February 2002.  

3.  On 6 February 2003, the commander of Company A, 105th MI Battalion requested the applicant's 's date of rank be corrected to 4 April 2002.  The commander noted that on-the-job training started on 14 February 2002.

4.  On 25 August 2003, the commander of Company A, 105th MI Battalion (the same commander who signed the 6 February 2003 request) requested the applicant's 's date of rank be corrected to 22 April 2002.  He noted that on-the-job training started on 22 February 2002.

5.  Forward Area Support Team – Bad Aibling, Detachment B, 510th Personnel Services Battalion Orders 244-7 dated 2 September 2003 revoked the unexecuted portion of Orders 013-1 dated 13 January 2003.

6.  Forward Area Support Team – Bad Aibling, Detachment B, 510th Personnel Services Battalion Orders 244-9 dated 2 September 2003 promoted the applicant to Sergeant, E-5 with a date of rank and effective date of 22 April 2002.

7.  On 22 January 2004, DFAS informed the Board analyst that their records show the applicant's effective date of promotion to E-5 as 1 June 2002.

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 Recruiting Policy Branch, Headquarters, Department of the Army, Office of the Deputy Chief of Staff G-1.  That office recommended administrative relief for the applicant's request for a date of rank adjustment of his promotion to Sergeant,   E-5 provided the requested date of rank coincides with the date the proficiency training required by Army Regulation 601-210 at the first duty station was completed.

10.  A copy of the advisory opinion was provided to the applicant for comment.  He did not respond within the given time frame.

DISCUSSION AND CONCLUSIONS:

1.  The discrepancy between EDAS showing the applicant was assigned to the 201st MI Company and the commander of Company A, 105th MI Battalion recommending him for advancement under the ACASP is noted; however it is presumed the applicant was properly attached to Company A, 105th MI Battalion for administration and other purposes.

2.  The discrepancy between EDAS showing the applicant was assigned to the 201st MI Company on 14 March 2002 and DFAS showing he was assigned to Germany on 22 February 2002 is also noted.  Since DFAS's date of arrival matches the date the commander of Company A, 105th MI Battalion stated the applicant started on-the-job training, the 22 February 2002 date is accepted as the date the applicant started on-the-job training.  

3.  The applicant's commander recommended him for advancement to Sergeant, E-5 under the ACASP with a date of rank of 22 April 2002.  This is within the 8th week of successful performance in the skill required by regulation.  It appears he was given a valid date of rank and effective date to Sergeant, E-5 of 22 April 2002 when Forward Area Support Team – Bad Aibling, Detachment B, 510th Personnel Services Battalion Orders 244-9 dated 2 September 2003 were published.

4.  DFAS indicated their records show the applicant's effective date of promotion to Sergeant, E-5 as 1 June 2002.  The applicant's finance records should be corrected to show his effective date for promotion to E-5 was 22 April 2002 and he should be paid any and all due back pay and allowances.

BOARD VOTE:

__aao___  __le____  __ym____  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was promoted to Sergeant, E-5 with a date of rank and effective date of 22 April 2002 and by paying him any and all due back pay and allowances.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adjusting his date of rank to Sergeant, E-5 to 12 April 2002.

		__Arthur A. Omartian__
		        CHAIRPERSON

INDEX

CASE ID	AR20030887711	
SUFFIX		
RECON		
DATE BOARDED	20040127	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	131.04	
2.		
3.		
4.		
5.		
6.