PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               28 March 2002               
	DOCKET NUMBER:      AR2001064522

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyi		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 she be promoted to the rank of specialist (SPC)/pay grade E-4 effective 21 May 2001 under the Army Civilian Acquired Skills Program (ACASP).

3.  The applicant states that she joined the Army under the ACASP as a licensed practical nurse (LPN).  She states that she enlisted in the Delayed Entry Program on 26 March 2001 as an E-4 in military occupational specialty (MOS) 91C10.  She contends that an error was made on her enlistment contract by making her an “E-3” and she was unaware of Army Regulation 601-210.  She was made aware of the error when she arrived at her first duty station.  She contends that she meets all the requirements necessary to enter the Army as an E-4 in MOS 91C10 according to Army Regulation 601-210.  She requests promotion to E-4 to be effective the date she entered the Army on 21 May 2001.  In support of her application, she submits a copy of her enlistment contract and her license as a practical nurse.

4.  The applicant’s military records show that she enlisted in the Regular Army on 21 May 2001 for a period of four years under the ACASP for military occupational specialty (MOS) 91C (Practical Nurse).  She is currently serving on active duty in pay grade E-3 and is assigned to the Landstuhl Regional Medical Center in Landstuhl, Germany, as a LPN.

5.  During her enlistment processing, the applicant’s Enlistment/Reenlistment Document (DD Form 4/1) was prepared to indicate that she enlisted in the Delayed Entry Program in pay grade E-4 on 26 March 2001.  However, 
item 21 (Approval and Acceptance by Service Representative) of her enlistment contract shows she was accepted for enlistment in the Regular Army in pay grade E-3 on 21 May 2001.

6.  The applicant’s Statement for Enlistment (DA Form 3286-68) indicates she understood that her civilian acquired skill as a practical nurse was recognized for enlistment and her enlistment under this program [ACASP] authorized her to be advanced in grade based upon her demonstrated skill proficiency and conduct as a soldier.  This form also indicates that she would be advanced to the pay grade of E-5 in accordance with Army Regulation 601-210 provided she received a recommendation from her commander and completed the required proficiency training.

7.  The applicant provided a copy of her license from the State of Florida, Department of Health Division of Medical Quality Assurance, dated 23 May 2001. This document indicates she met all the requirements of the laws and rules of the State of Florida to obtain a license as a practical nurse.

8.  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 under Chapter 7 of Army Regulation 601-210 in pay grade E-4 with a later appointment to pay grade E-5 with MOS 91C10.  The opinion also states that the applicant was enlisted in pay grade E-3 on 21 May 2001 in error and should have entered on active duty in the rank of SPC based on Table 7-1 of Army Regulation 601-210.  This office recommended that the applicant be retroactively promoted to Specialist, effective 21 May 2001, with entitlement to all back pay and allowances.  

9.  The opinion was provided to the applicant on 21 November 2001, for comment.  She concurred with the ODCSPER opinion on 27 November 2001.

10.  Army Regulation 601-210 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 in the Regular Army on 21 May 2001 under the ACASP 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.  In accordance with Chapter 7 of Army Regulation 601-210, 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 May 2001. 

4.  However, the applicant’s enlistment contract shows she entered active duty on 21 May 2001 in pay grade E-3.

5.  It is apparent that an administrative error has occurred in this case at the time of the applicant’s enlistment on 21 May 2001.  Therefore, it would be appropriate to correct the applicant’s records to show she enlisted on 21 May 2001 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.

6.  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 May 2001 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 May 2001.

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.

BOARD VOTE:  

FNE_____  TL______  LE_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2001064522	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020328	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	131.0000	
2.		
3.		
4.		
5.		
6.