PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            19 August 2003   
	DOCKET NUMBER:   AR2003088776

	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. Fred N. Eichorn		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. John T. Meixell		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 E-5 be adjusted to 14 February 2001 (sic, most likely meant to be "2002").

3.  The applicant states that she was promoted to E-5 on 15 October 2002 but it should have been earlier.  

4.  The applicant’s military records show that she enlisted in the Regular Army on 18 September 2001 in pay grade E-4 for training in military occupational specialty 98G.  DA Form 3286-68 (Statement for Enlistment U. S. Army/Army Reserve Civilian Acquired Skills Enlistment Program) indicated that she understood her civilian acquired skills as a 98G1LFR (French) was being recognized for enlistment.  She understood she would be advanced to E-5 in accordance with Army Regulation 601-210 provided she received a recommendation from her commander.

5.  The applicant successfully completed the Apprentice Cryptologic Linguist Specialist (Non-Target) Course on 20 December 2001.  She was assigned to Company C, 533d Military Intelligence Battalion, Germany on 19 January 2002.

6.  The applicant was apparently promoted to Sergeant, E-5 on 15 October 2002. On 6 February 2003, her commander requested her date of rank be backdated to 20 February 2002 in accordance with her enlistment contract.

7.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), paragraph 7-11, states that accelerated promotion of persons enlisted under the Army Civilian Acquired Skills Enlistment Program (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.  

8.  In the processing of this case, an advisory opinion was obtained from the Recruiting Policy Branch, U. S. Total Army Personnel Command.  That office noted that accelerated promotion to E-5 is authorized upon completion of all required training, 8 weeks of proficiency training after arrival at the first duty station, and approval by the unit commander.  The advanced individual training completion date is not the effective date of the accelerated promotion to E-5.  

There was not enough supporting documentation provided to substantiate administrative relief for the applicant's request.  After supporting documents are rendered, the applicant's request for date of rank adjustment of promotion to Sergeant, E-5 should be honored, provided the date of rank requested coincides with the date the proficiency training at the first duty station was completed.

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

CONCLUSIONS:

1.  The applicant enlisted for ACASP MOS 98G1LFR in September 2001.  She completed the required training and arrived at her first duty station on 19 January 2002.  

2.  Belatedly, the applicant's commander recommended her for promotion as per her enlistment contract; however, he recommended a date of rank of 20 February 2002. Promotion could not be made until 8 weeks of proficiency training at the first duty station had been completed.  The applicant would have completed her 8th week of training on 15 March 2002 and been eligible for promotion to E-5 on 16 March 2002.  Considering the commander's recommendation, the Board concludes that it would be equitable to adjust the applicant's E-5 date of rank and effective date to 16 March 2002.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

     a.  showing that the applicant was recommended for accelerated promotion to E-5 to be effective 16 March 2002 and that the promotion recommendation was processed in a timely manner; and

     b.  promoting the applicant to E-5 effective 16 March 2002 and paying her all due back pay and allowances.

2.  That so much of the application as pertains to adjusting the applicant's E-5 date of rank to any date other than 16 March 2002 be denied.

BOARD VOTE:  

__fne___  __mvt___  __jtm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn
		        CHAIRPERSON

INDEX

CASE ID	AR2003088776	
SUFFIX		
RECON		
DATE BOARDED	20030819	
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.