PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               16 April 2002
	DOCKET NUMBER:      AR2001062893  

	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. Beverly A. Young 		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Melinda M. Darby		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, in effect, that her records be corrected to show she enlisted on 21 September 2000 in pay grade E-4 and that she be awarded all back pay allowances to which she is entitled for the period 21 September 2000 to 9 October 2000.

3.  The applicant states, in effect, that she was enlisted in pay grade E-3 but she should have been enlisted in pay grade E-4.  She requests reimbursement for the 19 days which covers the period 21 September 2000 to 9 October 2000.  

4.  In support of her application, the applicant submits a letter of grade determination, a copy of her enlistment contract, promotion orders, the commander’s recommendation for promotion, certificate of medical proficiency training, a copy of her license as a vocational nurse, and a portion of Table 7-1 of Army Regulation 601-210 (Regular Army and Reserve Enlistment Program).

5.  The applicant’s military records show that she enlisted in the Regular Army on 21 September 2000 in pay grade E-3 for a period of 4 years.  She enlisted under the Army Civilian Acquired Skills Program (ACASP) for military occupational specialty (MOS) 91C (Practical Nurse).  

6.  The applicant is currently on active duty and assigned to Medical Company B, Tripler Army Medical Center (TAMC) in Honolulu, Hawaii in the rank of sergeant (SGT)/pay grade E-5.

7.  The applicant’s Enlistment/Reenlistment Document (DD Form 4/1) shows she was enlisted in pay grade E-3.

8.  At the time of her enlistment, the applicant’s DA Form 3286-68 (Statement for Enlistment) indicated that she would be advanced to pay grade E-5 provided that she received a recommendation from her commander and completed the required proficiency training.

9.  By memorandum, dated 8 August 2001, the applicant’s commander informed the Department of the Army, Army Personnel Command that the applicant had completed all requirements listed under Section III, Chapter 7, Army Civilian Acquired Skills Enlistment Program, Army Regulation 610-200 [sic] and was promoted to the rank of SGT.

10.  Orders published by the Tripler Army Medical Center, dated 29 August 2001, promoted the applicant to SGT/pay grade E-5 effective 8 August 2001 and with a date of rank of 8 August 2001 under Army Regulation 601-210, Section III, Chapter 7, ACASP.  

11.  The applicant provided a letter of grade determination, dated 24 August 2001, from the Operations Noncommissioned Officer in Charge (NCOIC) at the U.S. Army Recruiting Battalion-Dallas.  In this letter, the NCOIC stated that he had reviewed the applicant’s record on 24 August 2001 and determined that she had fulfilled the requirements under ACASP.  He further stated that the applicant attained her Vocation Nursing Certificate from North Central Texas College and Board of Vocational Nurse Examiners of Texas and the correct entry grade for the applicant is SPC/pay grade E-4.

12.  In the processing of this case, a staff advisory opinion was obtained from the Office of the Deputy Chief of Staff for Personnel (ODCSPER), Recruiting Policy Branch.  The opinion points out that the applicant enlisted in pay grade E-3 under the provisions of Army Regulation 601-210, Chapter 7, ACASP.  The opinion states that the applicant should have been enlisted in the rank of SPC as indicated in Table 7-1 of Army Regulation 601-210 under the MOS 91C20.  This office recommends that the applicant’s record reflect she enlisted in pay grade 
E-4 on 21 September 2000 and that she be awarded back pay and allowances.  

13.  On 21 November 2001, a copy of that opinion was provided to the applicant in order to allow her to submit comments.  She was provided 15 days to respond, but as of 4 April 2002, she has not responded.

14.  The applicant’s Leave and Earnings Statement for the period 21 September 2000 to 31 August 2001 shows she was paid as an PFC/pay grade E-3 from 21 September 2000 to 1 October 2000.

15.  Army Regulation 601-210 (Regular Army and Reserve Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve.  Chapter 7 of that regulation provides policy and guidance for implementing the Army Civilian Acquired Skills Program (ACASP).  It states, in pertinent part, that personnel who enlist the ACASP in MOS 91C will be enlisted in the pay grade of E-4 with subsequent promotion to the pay grade of E-5 provided they meet the established requirements of the regulation.  Personnel who fail to meet the prerequisites will be reclassified to another MOS.  

CONCLUSIONS:

1.  The applicant enlisted on 21 September 2000 under the ACASP in the pay grade of E-3 for MOS 91C (Practical Nurse).

2.  Evidence of record shows the applicant successfully completed the requirements under the ACASP and attained her license as a practical nurse.

3.  Based on Army Regulation 601-210, Chapter 7, the applicant’s entry grade for MOS 91C (Practical Nurse) should have been determined to be SPC/pay grade E-4 at the time of her enlistment on 21 September 2000.  However, the Board noted that she was paid as a PFC/pay grade E-3 for only 9 days instead of the 19 days claimed. 

4.  It is apparent that an administrative error has occurred in this case at the time of the applicant’s enlistment.  Therefore, it would be appropriate to correct the applicant’s records to show she enlisted on 21 September 2000 in pay grade E-4 instead of pay grade E-3 and to award her all back pay and allowances to which she is entitled.

5.  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 showing the individual concerned enlisted on 21 September 2000 in pay grade E-4.

2.  That the military pay account of the individual concerned be audited to determine the amount owed to her, if any, for the difference between pay grade E-3 and pay grade E-4 from her enlistment date of 21 September 2000 to 1 October 2000.

3.  That upon completion of the audit of her military pay account, that she be paid all back pay and allowances owed to her, if any.

4.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

INW____  MMD____  JTM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Irene N. Wheelwright__
		        CHAIRPERSON

INDEX

CASE ID	AR2001062893	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020416	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	112.0200	
2.		
3.		
4.		
5.		
6.