PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           11 June 2002                  
	DOCKET NUMBER:   AR2001066109

	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	
	Mr. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Harry B. Oberg		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 adjusted to 1 May 2000. 

3.  The applicant states that he enlisted under the Army Civilian Acquired Skills Program (ACASP) with an agreement that he would be promoted to pay grade  E-5 upon completion of his proficiency training.  He states that he did not receive his promotion at the proper time.  He requests that his date of rank be corrected to reflect an earlier effective date.

4.  Prior to entry onto active duty, the applicant had completed training and was a licensed certified vocational nurse.  His military records show that he enlisted on 9 July 1999 under the delayed entry program.  He entered active duty on 19 October 1999, as a specialist (E-4), and completed basic combat training and advanced individual training, on 1 May 2001, with award of the military occupational specialty (MOS) 91C (Practical Nurse).  The applicant was assigned to the 121st General Hospital, Korea.  The applicant was promoted to sergeant (E-5) on 29 October 2001.

5.  The applicant submits copies of the memorandum relating to his request for correction on his records through his command.  Additionally, he submits copies of his certification and licensing as a vocational nurse.   

6.  A copy of a Statement for Enlistment (DA Form 3286-68) shows that the applicant had an enlistment agreement for advancement to sergeant (E-5) in accordance with Army Regulation (AR) 601-210, chapter 7.  

7.  In the development of this case, the file was referred to the Office of the Deputy Chief of Staff for Personnel for an advisory opinion.  The Assistant Army Recruiting Policy Noncommissioned Officer's opinion states that the applicant had enlisted with a valid guaranteed promotion to E-5 under the provisions of AR 601-210, chapter 7 and should have been promoted to sergeant upon completion of his proficiency training in accordance with paragraph 7-9.  It was recommended that the applicant be retroactively promoted as of 1 May 2001 with entitlement to back pay.

8.  The applicant was afforded a copy of the advisory opinion and concurred with the findings.

9.  Army Regulation 601-210 sets forth the basic authority for the Regular Army and Army Reserve Enlistment Program.  Chapter 7, of that regulation provides, in pertinent part, the basic eligibility criteria for persons under the Army Civilian-Acquired Skills Program.  Table 7-1 states that a qualified person in the MOS of 91C will be advanced to E-5 upon completion of the required proficiency (MOS) training under the provisions of paragraph 7-9.

CONCLUSIONS:

1.  The Board finds that the applicant did meet the requirements for advancement to sergeant (E-5) under the ACASP as of the date of completion of his MOS training, 1 May 2001.

2.  Therefore, it will rectify an error and correct an injustice to show that the applicant was promoted to sergeant (E-5) as of 1 May 2001, and that he is entitled to retroactive pay and allowances.

3.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected to show that the individual concerned was promoted to sergeant (E-5) effective 1 May 2001 with entitlement to retroactive pay and allowances.

BOARD VOTE:  

_FNE____  __HBO__  __RWA_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_    _Fred N. Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2001066109	
SUFFIX		
RECON		
DATE BOARDED	20020611	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	129.05	
2.		
3.		
4.		
5.		
6.