PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 December 1998 DOCKET NUMBER: AC97-11631 AR1998012613 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. 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 records be changed to reflect that she was promoted to Sergeant E-5 retroactive to September 1992, and that she also be promoted to Staff Sergeant E-6. 3. The applicant states that the documents she submits with her application show that she should have been promoted to pay grade E-5 in September 1992. 4. The applicant’s military records show that she enlisted in the Army Reserve for eight years in pay grade E-1 on 29 May 1990. Her enlistment documents show that she enlisted for MOS 91C, licensed practical nurse, an authorized medical skill enlistment option under the specialized training for Army Reserve Readiness (STARR) enlistment program. 5. The applicant completed Phase III of the Army Civilian Acquired Skill (ACASP)/STARR 91C course at Ireland Army Community Hospital on 11 September 1992. Her rank at that time was Private First Class (PFC), pay grade E-3. She was released from active duty for training on that date at Fort Knox, Kentucky. She had 26 days of service, 2 months and 5 days of prior active service, and 2 years and 12 days of prior inactive service. Her MOS is shown as 91C10, practical nurse. On 8 December 1992 Headquarters Fort Knox published orders awarding the applicant MOS 91C10 effective 11 September 1992. 6. The applicant was promoted to pay grade E-4 on 9 January 1993. 7. On 14 Jul 1996 she requested reclassification to MOS 91C20 with concurrent promotion to Sergeant E-5, implying that the reclassification and promotion should be effective 11 September 1992. The applicant’s commanding officer signed this request. 8. Army Regulation 601-210 governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Army. Chapter 9 provides for specific enlistment programs/options, one of which is the STARR program. Table 9-12, option 9K, describes the STARR program, and states that this program guarantees applicants who meet prerequisites, enrollment in a civilian training program for select medical skills and advancement to authorized pay grades upon completion. Prerequisites include successful completion of basic training within 270 days of enlistment (Phase I), start military sponsored training in a civilian school (Phase II), and successfully complete four weeks of active duty training (Phase III) at an Army medical treatment facility. To qualify for MOS 91C20, practical nurse, with later appointment to pay grade E-5, the soldier must have been accepted for enrollment in a state-approved course in practical or vocational nursing that will lead to the issuance of a license as a practical or vocational nurse; and the proficiency training (Phase III) must be performed under the supervision of a Army Nurse Corps Officer or NCO (SSG or above) qualified in MOS 91C. 9. Army Regulation 140-158 provides policies and procedures for the promotion of Army Reserve soldiers. Section III of Chapter 3 prescribes policies and procedures for promotion to Staff Sergeant (E-6), and states, in effect, that a soldier must be recommended for promotion to that grade, meet various eligibility requirements as contained in that section, to include physical, MOS qualification, position vacancy, NCO educational system, time in grade and time in service, etc. The soldier must also be considered and be recommended for promotion by a selection board. CONCLUSIONS: 1. The applicant met all the prerequisites of the STARR program by completing Phase III of that program on 11 September 1992. She should have been promoted to pay grade E-5 on that date, and should receive all due pay and allowances in pay grade E-5 from that date. 2. The applicant has not provided any reason or evidence to show that she should be promoted to pay grade E-6. The Board notes the various eligibility requirements and required procedures that must be followed in order to be promoted. She has not provided any information to show that she met the eligibility requirements, or that she was recommended or selected for promotion. Therefore, there is no justification to promote her to that grade. 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 that the individual concerned was promoted to Sergeant E-5 effective and with a date of rank of 11 September 1992, and that she receive all due pay and allowances in pay grade E-5 from that date. 2. That so much of the application as is in excess of the foregoing be denied BOARD VOTE: ___jhl___ __jma___ ___sk___ GRANT AS STATED IN RECOMMENDATION ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION ______________________ CHAIRPERSON INDEX CASE ID AC SUFFIX RECON YYYYMMDD DATE BOARDED YYYYMMDD TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION (NC, GRANT , DENY, GRANT PLUS) REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.