PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:  	 22 April 2003
	DOCKET NUMBER:   AR2002075824

	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. Melvin H. Meyer		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Mae M. Bullock		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 records be corrected to show that he entered active duty in pay grade E-3, under the Army Civilian Acquired Skills Enlistment Program (ACASP).
 
3.  The applicant states that he enlisted under the ACASP however; this fact was not acknowledged at the time of his entry onto active duty nor have his subsequent efforts been successful in correcting this error.

4.  The applicant’s military records show that he enlisted under a delayed entry on 26 June 2000 with entrance on to active duty 9 August 2000.  He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 98G (Voice Intercept Operator).  He was promoted to private (E-2) on 9 February 2001, to private first class (E-3) on 9 August 2001, and to specialist (E-4) on 1 April 2002.  The applicant attended the Primary Leadership Development Course and was promoted to sergeant (E-5) upon completion of the course, 1 November 2002.  The applicant has been selected for Special Forces training with assignment to a Special Forces unit in Japan.

5.  The applicant’s record contains a copy of a DA Form 3286-68 (Statement for Enlistment, ACASP) that states that the applicant will be advanced to pay grade E-5 in accordance with Army Regulation 601-210 upon demonstration of his proficiency, skill, and conduct.

6.  The record contains no evidence of any disciplinary action, or other negative factor, nor any indication that the applicant’s command initiated any action to deny or defer his ACASP promotion.

7.  An advisory opinion was obtained from the Total Army Personnel Command.  The Chief of Retention Management Division noted that the applicant met the requirements for an initial enlistment in an accelerated grade.  The Chief opined that the applicant had been erroneously enlisted on 9 August 2000 in pay grade E-1 and should be granted a retroactive promotion with full financial entitlements, effective the date of his enlistment.  

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

9.  Army Regulation (AR) 601-210, chapter 7, provides policy and guidance for implementing the Army Civilian Acquired Skills Program (ACASP).  Section       7-10b states that persons who meet the training and work experience requirements, as set forth in table 7-1, will be enlisted in pay grade E-3.  Upon completion of basic training and other training as appropriate the member may be promoted to the accelerated grade authorized in their enlistment agreement.

10.  AR 610-210, section 7-11a, states that persons enlisted under ACASP, will be in pay grade E-3 if they meet the criteria of Table 1.  Promotion to the accelerated grade and award of the MOS authorized in the enlistment agreement will be made after successful completion of all training required in the enlistment program selected in Table 7-2 or 7-3.  For Regular Army members this includes eight weeks of successful performance in the skill.  The accelerated grade will be awarded to qualified soldiers without regard to time in grade, time in service, or promotion allocation.  

11.  AR 610-210, section 7-11b states that a commander, having promotion authority, may deny or defer promotion if the member does not demonstrate proper conduct or fails to demonstrate minimum required levels of performance.  If the commander seeks to deny or defer the promotion, they must notify the applicant in writing of the reasons for the denial or deferment and counsel them on the reasons for the deferment or denial. 

CONCLUSIONS:

1.  The Board concurs with the advisory opinion that the applicant met the requirements for entry onto active duty in the pay grade of E-3, and finds that the applicant is entitled to promotion to pay grade E-3, effective the date he entered active duty, with full pay and allowances in the grade.

2.  The Board further notes that the applicant enlisted under the ACASP with a guarantee that he would be promoted to pay grade E-5 upon demonstration of his proficiency, skill, and conduct.

3.  There is no evidence of any factor that would disqualify the applicant from the proper execution of his enlistment guarantees, nor is there any indication that his command initiated any action to properly deny or defer the applicant’s promotion.

4.  The Board concludes that the applicant’s ACASP enlistment agreement has been overlooked and failure to correct this error creates an injustice. 

5.  The applicant’s award of the guaranteed MOS, his record of promotions, and his selection for Special Forces clearly shows that the applicant has demonstrated his proficiency, skill, and conduct and has more than met all of the minimum requirements for compliance with his enlistment guarantee. 

6.  Therefore, the Board finds that it is in the interest of justice to show that the applicant was promoted to E-5 effective eight weeks after his award of his MOS.

7.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will rectify an injustice.

RECOMMENDATION:

That all of the Department of the Army records for the individual concerned related to this case be corrected;

a.  by showing that the applicant met the requirements for participation in the ACASP and entered active duty in pay grade E-3; 

b.  by showing that he was granted an accelerated promotion to pay grade E-5, effective the date eight weeks after he was granted his MOS; and,

c.  by awarding him retroactive pay and allowances to coincide with these adjusted promotion dates.

BOARD VOTE:  

__MHM__  __CLG__  __MMB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_      Melvin H. Meyer_________
		        CHAIRPERSON

INDEX

CASE ID	AR2002075824	
SUFFIX		
RECON		
DATE BOARDED	20030422	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	129.05	
2.		
3.		
4.		
5.		
6.