RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          27 January 2004     
	DOCKET NUMBER:   AR2003088772

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Yolanda Maldonado		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 corrected to show 26 April 2002. 

2.  The applicant states, in effect, that he completed his training on 26 April 2002; however, his date of rank is 15 October 2002. 

3.  The applicant provides a recommendation, dated 25 March 2003, in support of his request; a DA Form 4187 (Personnel Action), dated 6 February 2003; a DA Form 3286-68 (Statement for Enlistment United States Army/Army Reserve Civilian Acquired Skills Enlistment Program), dated 19 September 2001; and a certificate of training, dated 26 April 2002. 

CONSIDERATION OF EVIDENCE: 

1.  The applicant enlisted in the U.S. Army Reserve on 30 July 2001 in pay grade E-3 under the delayed entry program.  He enlisted in the Regular Army on 
17 September 2001 in pay grade E-4 for training in career management field 98X10, Electronic Warfare/Signal Intelligence Analyst, Army Civilian Acquired Skills Program (ACASP) enlistment incentive.  His DA Form 3286-68 states that he would be advanced to pay grade E-5 in accordance with Army Regulation 
601-210.  The applicant completed advanced individual training (AIT) on 26 April 2002 and was awarded 98G (voice interceptor).   The Enlisted Distribution Assignment System (EDAS) shows he was assigned to the 201st Military Intelligence Company, Bad Aibling, in Germany on 21 May 2002.   

2.  Detachment B (Stuttgart), 510th Personnel Services Battalion Orders 316-3, dated 12 November 2002, promoted the applicant to sergeant, E-5, with a date of rank and effective date of 15 October 2002.

3.  On 6 February 2003, the Company A, 105th Military Intelligence Battalion commander requested the applicant's date of rank be backdated to 21 July 2002.  He stated that the soldier was not promoted as stated in his enlistment contract.

4.  On 25 August 2003, the Company A, 105th Military Intelligence Battalion commander requested the applicant's date of rank be backdated to 17 July 2002.  He stated that the soldier was not promoted as stated in his enlistment contract.  He also stated that the applicant's on-the-job training started on 21 May 2002.

5.  Forward Area Support Team - Bad Aibling (FAST-BA), Detachment B, 510th Personnel Services Battalion Orders 244-6, dated 2 September 2003, revoked the applicant's promotion orders (Detachment B (Stuttgart), 510th Personnel Services Battalion Orders 316-3, dated 12 November 2002).  
6.  FAST-BA, Detachment B, 510th Personnel Services Battalion Orders 244-10, dated 2 September 2003, promoted the applicant to sergeant, E-5, with a date of rank and effective date of 17 July 2002.  

7.  On 22 January 2004, 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 15 October 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 of the Office of the Deputy Chief of Staff G-1.  That office cited the regulatory guidance outlined in Army Regulation 601-210, chapter 7, and stated that the applicant's request should be honored, provided the date of rank coincides with the date the proficiency training 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 timeframe.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed AIT on 26 April 2002.  However, he had not met the requirement of the 8-week commander's evaluation under the ACASP to be eligible for promotion on that date.  Therefore, in accordance with the governing regulation, there is no basis for granting the applicant's request to correct his date of rank to 26 April 2002.

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

3.  Evidence of record shows the applicant fulfilled all the requirements for promotion under the ACASP on 17 July 2002.  As a result, he was promoted to sergeant, E-5, effective 17 July 2002 with a date of rank of 17 July 2002.  
4.  The applicant's finance records should reflect his effective date for promotion to E-5 as 17 July 2002 and he should be paid any and all due back pay and allowance, if applicable.

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 and to excuse failure to timely file.  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 17 July 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 26 April 2002.

		__Arthur A. Omartian__
					     CHAIRPERSON

INDEX

CASE ID	AR2003088772	
SUFFIX		
RECON		
DATE BOARDED	20040127	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	112.0200	
2.		
3.		
4.		
5.		
6.