MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 June 2000                   
	DOCKET NUMBER:   AR1999033799

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell 		Chairperson	
	Ms. Lana E. McGlynn 		Member	
	Mr. Arthur A. Omartian 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his date of rank to sergeant (E-5) be changed from 1 June 1999 to 10 June 1997.

APPLICANT STATES:  That he enlisted under the Army Civilian Acquired Skills Program (ACASP) and was supposed to be promoted to sergeant after 8 weeks of on-the-job training.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army for 6 years on 30 January 1997 under the ACASP as a dental specialist, military occupational specialty (MOS) 91E20.  His enlistment contract called for him to enter the Army as an E-4 and later be promoted to E-5 under the provisions of chapter 7, AR 601-210.  The record shows that he was promoted to E-5 on 1 June 1999.

In the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff for Personnel (ODCSPER) which states that the applicant has submitted no proof that he met the certification requirements of AR 601-210.  The ODCSPER advised that the applicant’s case be denied pending receipt of proof of certification.  The applicant was provided an opportunity to rebut the advisory opinion, but did not respond.

Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service (PS), into the Regular Army (RA) and the U.S. Army Reserve (USAR). Chapter 7 of the regulation provides policy and guidance for implementing the Army Civilian Acquired Skills Program (ACASP). The ACASP attracts and uses persons with civilian-acquired skills required by the Army.  Persons qualified for the ACASP may be given an advance in grade upon enlistment.  They may be entitled to accelerated promotion based on the skill level held and demonstrated duty performance.  ACASP enlistment training options require completion of a specified period of proficiency training as a prerequisite for awarding of the MOS; for Regular Army soldiers, this period is 8 weeks.  Proficiency training is a specified period of time during which the person functions in the MOS for which he or she was enlisted.  The training is a transition period in which the member learns to apply the civilian-acquired skill to the military.  Proficiency training time will be used by commanders to evaluate the person's ability to function in the specific MOS.  Before award of the MOS and promotion to the accelerated pay grade, the member must be able to perform duty requirements of the MOS as described in AR 611-201.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  In order to be promoted to E-5 as a dental specialist, the applicant was required to demonstrate proficiency in his MOS.  He has not provided certification of his proficiency which would permit changing his E-5 date of rank to 10 June 1997, or any other date.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__slp___  __lem____  __aao___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999033799	
SUFFIX		
RECON		
DATE BOARDED	20000608	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	131.0400	
2.		
3.		
4.		
5.		
6.