PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                16 April 2002
	DOCKET NUMBER:        AR2001065424

	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 that her entry grade be adjusted to pay grade E-3 with a date of rank of 31 October 2000.

3.  The applicant states that her entry grade of PFC/pay grade E-3 was authorized, but she was enlisted in the rank of private/pay grade E-1.  She submits a copy of her enlistment contract in support of her application.

4.  The applicant’s military records show that she enlisted on 31 October 2000 in pay grade E-1 for a period of 5 years under the Army Civilian Acquired Skills Program (ACASP) for military occupational specialty (MOS) 98G (Voice Interceptor).  The applicant is currently serving on active duty in pay grade E-3.

5.  The applicant’s Enlistment/Reenlistment Document (DD Form 4/1) shows she entered active duty in pay grade E-1 on 31 October 2000.  However, Block 1 on her Statement of Understanding (USAREC Form 1150-R-E) shows her enlistment grade as “E-3” in accordance with Army Regulation 601-210, paragraph 7-5, Table 7-7.  

6.  The applicant’s Statement for Enlistment (DA Form 3286-68) indicates she enlisted under the ACASP in career management field (CMF) 98 (Signals Intelligence/Electronic Warfare Operations) as a linguist in Spanish.  This document also indicates that she would be advanced to pay grade E-5 provided she received a recommendation from her commander and completed the required proficiency training for MOS 98G.

7.  In the processing of this case, a staff advisory opinion was obtained from the Chief of the Retention Management Division, U.S. Total Army Personnel Command.  The opinion states that the applicant enlisted under the ACASP in MOS 98G.  The opinion referenced Army Regulation 601-210, paragraph 7-10b, which states that individuals who meet training and work experience requirements and satisfy all other enlistment criteria will be enlisted in pay grade E-3.  The opinion notes that individuals may be promoted to the accelerated grade authorized by Table 7-1 upon successful completion of basic training and other training.  This office recommends that the applicant’s date of rank be adjusted to 31 October 2000.

8.  On 24 January 2002, the opinion was forwarded to the applicant for comments; however, the opinion was returned to this Board on 4 February 2002 due to an insufficient address for the applicant.

9.  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).  Paragraph 7-10 states, in pertinent part, that persons who meet training and work experience requirements under Table 1 and satisfy all other enlistment criteria will be enlisted in pay grade E-3 with subsequent promotion to the pay grade of E-5 provided they meet the established requirements of the regulation.  

CONCLUSIONS:

1.  The applicant was erroneously enlisted on 31 October 2000 in pay grade E-1 under the ACASP for MOS 98G.  However, in accordance with the governing regulation, her entry grade for MOS 98G should have been PFC/pay grade E-3. 

2.  It is apparent that an administrative error has occurred in this case at the time of the applicant’s enlistment on 31 October 2000; therefore, it would be appropriate to correct her records to show she enlisted on 31 October 2000 in pay grade E-3 and to award her all back pay and allowances to which she is entitled.

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 showing the individual concerned enlisted on 31 October 2000 in pay grade E-3.

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-1 and pay grade E-3 from her enlistment date of 31 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.

BOARD VOTE:  

INW____  MMD____  JTM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Irene N. Wheelwright__
		        CHAIRPERSON

INDEX

CASE ID	AR2001065424	
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	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	112.0200	
2.		
3.		
4.		
5.		
6.