2.  In effect, the applicant requests that his military records be corrected to show that he was enlisted in the Regular Army on 20 January 1993 in pay grade E-5. 
   
3.  The applicant states that he should have received an accelerated promotion because of his enlistment under the Army Civilian Acquired Skill Program (ACASP).  He was recruited as a biological science assistant, and Army Regulation 6011-210, chapter 7, states that soldiers entering the Army under the ACASP will receive an accelerated promotion providing they successfully complete 
8 weeks of proficiency training in their assigned duties or military occupational specialty (MOS).

4.  The applicant enlisted in the Army for four years in MOS 01H00 (biological sciences assistant) on 20 January 1993.  His enlistment record shows that he received a bachelor of science degree in biology on 30 July 1984, and a doctorate in medicine on 7 May 1990 from colleges in the Philippines, his country of birth.  These institutions are credited in terms of American education by World Education Services.  He was enlisted in pay grade E-4 under Army Regulation 601-210, chapter 7 (ACASP), page 84, and chapter 2, table 2-3, 
rule M. 

5.  Army Regulation 601-210, then in effect, governs the eligibility criteria, policies, and procedures for enlistment in the Army.  Chapter 7 provides policy and guidance for implementing the ACASP, and 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 during duty performance.    

6.  Table 7-1 of chapter 7 lists the skills and criteria authorized for the ACASP, and states, in part (on page 84), that to qualify for MOS 01H10 with later appointment to pay grade E-4 (not applicable if entry grade is E-4) the individual must have a bachelor’s degree with specialization in biology ... or other related physical science or medical allied science, and must successfully complete 8 weeks’ proficiency training at the location of the assigned research project (according to paragraph 7-9).

7.  Paragraph 7-9 states, in effect, that ACASP enlistment training options require completion of a specified period of proficiency training as a prerequisite for awarding of the MOS (for Regular Army, this period is 8 weeks).  Proficiency training is a specified period of time during which the person functions in the MOS for which he was enlisted.

8.  Paragraph 7-10 states, in part, that persons who meet training and work experience requirements (table 7-1) will be enlisted in pay grade E-3.  On successful completion of basic training and other training individuals may be promoted to the accelerated grade authorized by table 7-1.

9.  Paragraph 7-11 states, in part, that persons enlisted under the ACASP will be in pay grade E-3 if they meet the criteria of table 7-1.  Promotion to the accelerated grade and award of the MOS authorized by the enlistment agreement will be made either with approval of the unit commander or by the training commander after successful completion of all training required.  The accelerated grade will be awarded to qualified soldiers without regard to time in grade, time in service, or promotion allocation.

10.  Chapter 2 prescribes the basic qualifications for enlistment.  Paragraph 2-4 states that persons enlisting in the Regular Army without prior service will be enlisted in pay grade E-1.  Exceptions are shown in table 2-3.  Rule M of that table states, in effect, that a person who has successfully completed a degree producing college program of four years duration ... and must have completed degree requirements prior to entry on active duty, may be enlisted in pay grade E-4.

11.  Army Regulation 601-210, effective 1 May 1995, changed table 7-1 and states, in part, that a later appointment to pay grade E-5 is authorized for those individuals who meet the skills and criteria authorized for the ACASP in MOS 91K20P9 (replaced MOS 01H10) (biological science assistant).

12.  In the processing of this case an advisory opinion was obtained from the Office of the Deputy Chief of Staff for Personnel Recruiting Policy Branch (COPY ATTACHED).  An official of that branch states that the applicant was properly enlisted in pay grade E-4, and recommended no relief on his request for promotion to pay grade E-5.  However, during informal coordination with that same official, he stated that it would be fitting to promote the applicant to pay grade E-5 in view of changed criteria for the MOS in which the applicant enlisted, in order for the applicant to keep pace with his contemporaries.  That official opined that if promotion were granted it should be effective 1 May 1995, the effective date of the revised regulation. 

CONCLUSIONS:

1.  The applicant was properly enlisted under Army Regulation 601-210, chapter 7 (ACASP), and table 2-3, 
rule M.  His enlistment in pay grade E-4 was determined under the provisions of table 2-3, rule M, which actually was more beneficial to the applicant than a grade determination under table 7-1 of chapter 7, which only authorized enlistment in pay grade E-3 and subsequent entitlement to accelerated promotion to pay grade E-4.  The applicant was enlisted in the correct grade.

2.  It appears that the intent of the revised criteria, still in effect, is to attract and use even more personnel who have the civilian acquired skills of a biological science assistant by offering a possible accelerated promotion to pay grade E-5.  As such, the regulatory change allows individuals who entered or who will enter the Army well after the applicant, with the same skills and training as the applicant, to be promoted to pay grade E-5 and by extension, to subsequent grades, ahead of him.  The regulatory change may represent an enhancement of the applicant’s rights and should be applied to his situation, and therefore, relief is warranted as an exception to policy. 

3.  In the interest of fairness, the applicant should be promoted to pay grade E-5, effective and with a date of rank of 1 May 1995, the effective date of the revised Army Regulation 601-210.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records 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 pay grade E-5 effective and with a date of rank of 1 May 1995.                

2.  That so much of the application as in excess of the foregoing be denied.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON