PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 July 2003
	DOCKET NUMBER:   AR2002080378

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas E. O'Shaughnessy, Jr.		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 date of rank be corrected to reflect 1 July 2001 in accordance with (IAW) Army Regulation 601-210, chapter 7, paragraph 7-11.

3.  The applicant states that she has not been promoted IAW Army Regulation 601-210, chapter 7, paragraph 7-11.  In support of her application, she submits:  a copy of her Enlisted Record Brief (ERB); a copy of a recommendation from her supervisor; a copy of orders, a copy of her enlistment contract; a copy of her state nursing licensure; and a copy of an orientation memorandum.

4.  The applicant’s military records show that she enlisted in the Regular Army on 8 February 2001 for a period of 4 years under the Army Civilian Acquired Skills Enlistment Program as a Practical Nurse, military occupational specialty (MOS) 91C, and for the U.S. Army Station/Unit/Command/Area Enlistment Option (Walter Reed Army Medical Center, Washington, DC).

5.  The applicant acknowledged that she understood that in accordance with Army Regulation 601-210 she would be advanced to pay grade E-5, provided she received a recommendation from her commander and met all of the requirements under the Army Civilian Acquired Skills Enlistment Program.

6.  On 24 June 2002, the applicant's commander authored a memorandum indicating the applicant had met all the requirements under the Army Civilian Acquired Skills Enlistment Program for promotion to sergeant/E-5.  She further stated that the applicant had demonstrated all of the requisite skills, proficiency, and conduct required.  The commander recommended that the applicant be advanced to pay grade E-5.

7.  On 9 September 2002, the applicant requested an exception to policy for conditional waiver to sergeant and requested a date of rank of 1 July 2001.  On 25 September 2002, the applicant's unit recommended approval.

8.  In the processing of this case an advisory opinion was obtained from the Office of the Deputy Chief of Staff G-1, Recruiting Policy Branch.  The Recruiting Policy Branch recommended that administrative relief of the applicant's request for date of rank adjustment of promotion to rank of sergeant, pay grade E-5, and back pay to coincide with actual completion of proficiency training.

9.  On 4 December 2002, the applicant was provided with a copy of the advisory opinion for review and possible comment.  On 17 December 2002, the applicant concurred with the advisory opinion.

10.  Army Regulation 601-210, chapter 7, provides policy and guidance for implementing the Army Civilian Acquired Skills Program.  The Army Civilian 

Acquired Skills Enlistment Program is intended to attract and use individuals with civilian-acquired skills required by the Army.  Individuals qualified for the Army Civilian Acquired Skills Enlistment Program 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 applicant enlisted under the Army Civilian Acquired Skills Enlistment Program with the understanding that she would be promoted to sergeant upon completion of medical proficiency training and demonstration of the appropriate skills level.  She completed her medical proficiency training on 1 July 2001 and was duly certified by her chain of command.  She was not promoted.

2.  The Office of the Deputy Chief of Staff G-1, Recruiting Policy Branch, opined that the applicant should have been promoted to sergeant on 1 July 2001.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was promoted to the rank of sergeant, pay grade E-5, on 1 July 2001 and by paying her the appropriate difference in pay and allowances from 1 July 2001.

BOARD VOTE:  

__mkp___  __wtm___  __teo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002080378	
SUFFIX		
RECON		
DATE BOARDED	20030729	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	131.0500	
2.		
3.		
4.		
5.		
6.