PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           4 September 2003               
	DOCKET NUMBER:  AR2003088777

	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. Raymond V. O'Connor		Chairperson	
	Mr. Frank C. Jones		Member	
	Ms. Barbara J. Ellis		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 his date of rank to Sergeant, E-5 be backdated to 28 April 2002.

3.  The applicant states that he was promoted to Sergeant E-5 on 15 October 2002 but he should have been promoted, under the Army Civilian Acquired Skills Program (ACASP), in April 2002.  

4.  The applicant’s military records show that he enlisted in the Regular Army on 28 June 2001 in pay grade E-4 for training in career management field 98X10, Electronic Warfare/Signal Intelligence, ACASP enlistment incentive.  He completed basic training and advanced individual training and was awarded military occupational specialty (MOS) 98G1LFR (Electronic Warfare/Voice Interceptor (French)).  He was assigned to Company C, 533d Military Intelligence Battalion, 66th Military Intelligence Group, Germany on 18 March 2002.

5.  Detachment B, 510th Personnel Services Battalion Orders 316-2 dated        12 November 2002 promoted the applicant to Sergeant, E-5 effective 15 October 2002 with a date of rank of 15 October 2002.  On 6 February 2003, the applicant's commander requested his date or rank be backdated to 28 April 2002 due to him not being promoted as stated in his enlistment contract.

6.  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.  

7.  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 there was not enough supporting documentation provided to substantiate administrative relief for the applicant's request.  After supporting documents are rendered, his request should be honored provided the date of rank requested coincides with the date the proficiency training at the first duty station was completed.

8.  A copy of the advisory opinion was provided to the applicant for comment.  He concurred with the advisory opinion.  Supporting documentation (verification of when he was assigned to his first duty station) was later provided.

CONCLUSIONS:

1.  The applicant enlisted under the ACASP and therefore was eligible for promotion to E-5, with the commander's approval, after completing 8 weeks of proficiency training at his first duty station.

2.  Evidence shows the applicant was assigned to his first duty station on          18 March 2002.  He would have completed 8 weeks of proficiency training on   13 May 2002 and thus been eligible for promotion to E-5 on 14 May 2002.  His commander recommended his promotion under this program even before he completed the required 8 weeks of training.  The Board therefore concludes that the applicant's effective date and date of rank for promotion to E-5 should be adjusted to 14 May 2002 and he 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 and date of rank of the applicant's promotion to Sergeant, E-5 to 14 May 2002 and by paying him any and all due back pay and allowances.

2.  That so much of the application as pertains to backdating his date of rank to 28 April 2002 be denied.

BOARD VOTE:  

__rvo___  __fcj___  __bje    ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O'Connor_
		        CHAIRPERSON

INDEX

CASE ID	AR2003088777	
SUFFIX		
RECON		
DATE BOARDED	20030904	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	131.05	
2.		
3.		
4.		
5.		
6.