APPLICANT REQUESTS:  Retroactive promotion to the pay grade of E-5 effective 1 January 1993.

APPLICANT STATES:  That her recruiter told her at the time of her enlistment that even though she was a licensed practical nurse (LPN), there were no openings for her to enlist as a clinical specialist (91C).  He further advised her to request a change in her military occupational specialty (MOS) once she arrived at her first permanent duty station.  She goes on to state that she subsequently discovered that other LPN’s have entered the service in the pay grade of E-4 and were promoted to the pay grade of E-5 within 90 days.  Consequently, she submitted her request for reclassification from the MOS of a personnel management specialist (75C) to MOS 91C.  She further states that the Department of the Army determined that an injustice had occurred in her case and approved her request for reclassification without any further training.  She also states that not only should she have been allowed to enlist as a 91C, she also should have been allowed to enter the service under the Bonus Extension and Retraining (BEAR) Program, which would have afforded her an accelerated promotion to the pay grade of E-5.  In support of her application she submits a copy of her transcripts and diploma.

EVIDENCE OF RECORD:  The applicant's military records show:

She enlisted on 17 July 1992 for a period of 4 years and for training in MOS 75C.  She was authorized to enlist in the pay grade of E-3 in accordance with Army Regulation 601-210, table 2-3, rule E.

On 18 October 1994, the Total Army Personnel Command (PERSCOM) approved the applicant’s request for reclassification from MOS 75C to MOS 91C and directed that no further training was required in the LPN field.

The applicant was promoted to the pay grade of E-5 in MOS 91C on 23 June 1995, upon graduation from the primary leadership development course.

In the processing of this case a staff advisory opinion (COPY ATTACHED) was obtained from the Office of the Deputy Chief of Staff for Personnel (ODCSPER).  It opined, in effect, that during the period in which the applicant enlisted, MOS 91C was not available for enlistment and that the applicant had the option at the time of her enlistment, not to accept the MOS she was being offered.  Furthermore, had MOS 91C been available for enlistment, she would have been offered that option.  The ODCSPER also opined that the applicant’s reclassification was not approved by the Department because it believed an injustice had been done, but simply because she was in an overage MOS and applied for reclassification into an MOS for which there was then a vacancy.  The ODCSPER recommended that her request be denied.

Army Regulation 601-280 provides the policies, procedures, and administrative instructions for the BEAR program, which is designed to assist in force alignment.  It allows eligible soldiers an opportunity to extend their enlistment for formal retraining in a shortage MOS that is presently in the selective reenlistment bonus (SRB) program and upon completion of retraining be awarded the new primary MOS, reenlist, and receive an SRB in the newly awarded MOS.  The objectives of the BEAR program are to entice highly qualified soldiers in the pay grade of E-6 and below, who are currently serving in an overstrength or balanced MOS to migrate into a critically short SRB MOS.  The BEAR program is not open for personnel enlisting into the service.

Army Regulation 601-210 provides eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the USAR.  Table 2-3, rule E of that regulation states, in pertinent part, that persons enlisting in the Regular Army or USAR who have completed 60 or more semester hours of an accredited college or university may be enlisted in the pay grade of E-3.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant was properly enlisted in the pay grade of E-3 in MOS 75C at the time of her enlistment.

3.  The applicant’s contention that she was improperly advised that she could not enlist in MOS 91C is without merit.  Since no vacancy in MOS 91C was available at the time of her enlistment, she had the option of enlisting in MOS 75C or waiting until MOS 91C became available.  She chose to accept MOS 75C and request reclassification at a later date.

4.  The applicant’s contention that she should have been enlisted under the BEAR program in the pay grade of E-4 is also without merit.  The BEAR program is not offered to personnel enlisting in the Army.

5.  In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		David R. Kinneer
		Executive Secretary