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Decision Text

ARMY | BCMR | CY1990-1993 | 9206518
Original file (9206518.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That the effective date of her promotion from pay grade E-3 to pay grade E-5 be corrected to 1 January 1988 and that she be given the difference in pay for the time she served before orders were published promoting her to pay grade E-5.
APPLICANT STATES : She was promoted to pay grade E-5 on orders dated 8 January 1990, effective 1 January 1988. However, finance office will not pay her the difference in pay for the duty she performed prior to the date of the promotion orders.

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

She enlisted in the USAR for assignment to a troop program unit on 19 May 1987 with no prior service. She enlisted in pay grade E-3 under the Army Civilian Acquired Skills Program (ACASP), for the military occupational specialty of medical supply specialist, based on her Licensed Practical Nurse (LPN) license. In conjunction with that enlistment she chose the Montgomery G.I. Bill and the Loan Repayment Program educational incentives, and the $2000.00 cash bonus.

On 7 December 1989 the addenda to the applicant’s enlistment contract were altered to show that she enlisted under the ACASP for the MOS of LPN. Those addenda have a notation added to them to the effect “This document is being reconstructed IAW directives from the [U.S. Army Recruiting Command] Inspector General (IG) dated 28 November 1989. Effective date is 18 May 1987.”

On 8 January 1990 orders were published promoting the applicant from pay grade E-3 to E-5. In the additional instructions of that order it is stated that “Promotion based on reconstructed [enlistment contract addenda], effective 18 May 1987.”

On 6 December 1990 the applicant was ordered to active duty in support of Operation Desert Shield/Storm. On 25 February 1991 she was honorably discharged from active duty and as a reserve of the Army due to personality disorder.

Army Regulation 601-210 provides the guidance for enlisting individuals in the Regular Army and Army Reserve. Table 7-1 specifies the criteria for individuals to qualify for enlistment under the ACASP. For a medical supply specialist, a potential enlistee must have 1 year of training in manual or automated stock control procedures, medical material warehousing, inventory procedures, quality control of medical items and manual or automated property control procedures. Individuals who enlist under this option are eligible for promotion to pay grade E-4 upon completion of all prerequisites. For a practical nurse, the prerequisites include completion of a state-approved course in practical nursing and being issued a license. Individuals who enlist under this option are eligible for promotion to pay grade E-5. This regulation also provides for the correction of errors made on an enlistment contract but does not provide for the renegotiation of an enlistment.

Army Regulation 140-158, paragraph 1-9, then in effect, which contained the guidelines for correcting the effective date of a promotion, specified that the effective date of a promotion/advancement will be the date of the order/personnel action or a future date. In those cases where a soldier was entitled to an effective date of promotion/advancement before the date of the order/personnel action, he or she was required to petition this Board for authority to correct the effective date of the promotion/advancement.

In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Deputy Chief of Staff for Personnel (DCSPER). The DCSPER opines that the “correction” made to the applicant’s records by the USAREC IG was not authorized by Army regulations.

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. There are no provisions to renegotiate an enlistment contract.

2. It appears that the applicant was reclassified from a medical supply specialist to an LPN. Such a reclassi-fication is fully permissible. However, there are no provisions to promote an individual under the auspices of the ACASP in conjunction with a reclassification. The ACASP is an enlistment option which may only be selected at the time of enlistment. As such, the applicant’s promotion was erroneous.

3. 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




                                                      Karl F. Schneider
                                                      Acting Director

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