PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 March 2003
	DOCKET NUMBER:   AR2002076036

	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. John N. Slone 		Chairperson	
	Mr. Melvin H. Meyer		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 his records be corrected to show that he enlisted under the Army Civilian Acquired Skills Enlistment Program (ACASP).
 
3.  The applicant states that when he enlisted he received a Statement of Enlistment (DA Form 3286-59) instead of the Statement of Enlistment, Army Reserve Civilian Acquired Skills Enlistment Program (DA Form 3286-68).  In order to qualify under the ACASP he needs to have the proper form entered into his records.

4.  The applicant’s military records show that he enlisted under a delayed entry on 24 October 2000 with entrance on to active duty effective 16 November 2000.

5.  A review of the applicant’s enlistment documents shows that, except for not containing the DA Form 3286-68, all of his enlistment documents indicate that he was enlisting under the ACASP.  

6.  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 the accelerated grade and that the proper form for this program was not of record due to an administrative error.  The Chief opined that it was appropriate to show that the applicant was entitled to the accelerated promotion. 

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

8.  Army Regulation 601-210, chapter 7  (Regular Army and Army Reserve Civilian Acquired Skills Program) provides policy and guidance for implementing the Army Civilian Acquired Skills Program (ACASP).  It states that persons qualified for the ACASP may be given an advance in grade upon enlistment, and may be entitled to accelerated promotion based on the skill level held and demonstrated duty performance.

CONCLUSIONS:

1.  The Board concurs with the advisory opinion that the applicant met the requirements for an accelerated promotion.

2.  The Board concludes that it is unjust to deny the applicant a benefit to which he is otherwise entitled, simply for not having a specific form in his records. Therefore, the Board concludes that the applicant should be shown to have met the requirements under the ACASP and that he was promoted upon completion of those requirements.  

3.  With the granting of the promotion the applicant is also entitled to retroactive pay and allowances commensurate with his promotion.
4.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will correct an error and rectify an injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned met the requirements for participation in the ACASP and that he was granted the accelerated promotion, with appropriate retroactive pay and allowances, as if the required form had been of record.

BOARD VOTE:  

__JNS __  ___MHM_  __JTM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

__        __  __           _  ___      __  DENY APPLICATION

		__       John N. Slone_____________
		        CHAIRPERSON

INDEX

CASE ID	AR2002076036	
SUFFIX		
RECON		
DATE BOARDED	20030325	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.