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 applicants 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 applicants 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 applicants 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.
ARMY | BCMR | CY1997 | 199711631
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. 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.
ARMY | BCMR | CY2002 | 2002071527C070402
He stated that she met all the requirements of Army Regulation 601-210, and should have been recommended for promotion on the completion of her training as stated in her enlistment contract. In a 17 June 2002 advisory opinion, the Office of the Deputy Chief of Staff G-1 recommended that the applicant be retroactively promoted to the rank of sergeant with a date or rank of 18 January 2001 and that she receive all due pay and allowances from that date. The applicant’s present commander and...
ARMY | BCMR | CY2002 | 2002070091C070402
The applicant states that he has not been promoted even though he met all the requirements contained in the regulation. He submits with his request a memorandum from his commanding officer requesting that he be promoted, a copy of DD Form 1966 series (Record of Military Processing), a copy of his enlistment document (DD Form 4 series), a copy of DA Form 3286-64 (Statement for Enlistment), a copy of DA Form 3286-68 (Statement for Enlistment – Civilian Acquired Skills Enlistment Program), a...
ARMY | BCMR | CY2003 | 2003083430C070212
APPLICANT REQUESTS: The applicant requests that her records be corrected to show that she was promoted to sergeant effective and with a date of rank of 27 June 1997. There is no evidence of any proficiency training completed, nor any evidence that she was recommended for promotion by her prior unit commanders. Consequently, and notwithstanding the recommendation made by her current hospital commander, there is insufficient evidence to grant the applicant's request.
ARMY | BCMR | CY2001 | 2001064522C070421
The opinion also states that the applicant was enlisted in pay grade E-3 on 21 May 2001 in error and should have entered on active duty in the rank of SPC based on Table 7-1 of Army Regulation 601-210. It states, in pertinent part, that personnel who enlist the ACASP in MOS 91C will be enlisted in the pay grade of E-4 with subsequent promotion to the pay grade of E-5 provided they meet the established requirements of the regulation. In accordance with Chapter 7 of Army Regulation 601-210,...
ARMY | BCMR | CY2001 | 2001062893C070421
In support of her application, the applicant submits a letter of grade determination, a copy of her enlistment contract, promotion orders, the commander’s recommendation for promotion, certificate of medical proficiency training, a copy of her license as a vocational nurse, and a portion of Table 7-1 of Army Regulation 601-210 (Regular Army and Reserve Enlistment Program). The applicant enlisted on 21 September 2000 under the ACASP in the pay grade of E-3 for MOS 91C (Practical Nurse). ...
ARMY | BCMR | CY2004 | 2004103309C070208
On 17 November 2001, the applicant’s commanding officer submitted a DA Form 4187 requesting that she be promoted to the pay grade of E-5 under the ACASP. In the processing of this case, a staff advisory opinion was obtained from the Director, Health Service Personnel Management, United States Army Human Resources Command, who opined that the applicant completed her 91C, Licensed Practical Nurse training on 8 November 2001 and should have, at that time been promoted to the rank of sergeant...
ARMY | BCMR | CY2002 | 2002071526C070402
In a 21 December 2001 memorandum to the Total Army Personnel Command (PERSCOM) the MEDDAC commander at Fort Stewart recommended that the applicant be promoted to sergeant effective on 26 July 2001 as an exception to policy. Both the applicant’s company commander and MEDDAC commander recommended that the applicant be promoted to sergeant effective on 26 July 2001, the date that she completed the required proficiency training. The applicant completed the required training.
ARMY | BCMR | CY2002 | 2002071359C070402
In an undated advisory opinion, the Chief, Promotions Branch at the Total Army Personnel Command stated that the applicant’s packet did not contain the promotion authority’s approval of the promotion as required by Army Regulation 601-210, and that promotion requests submitted 6 months after the date the soldier completes the required training must be forwarded to the ACASP proponent for determination.14. The applicant’s commanding officer recommended that the applicant be promoted to...
ARMY | BCMR | CY2001 | 2001054593C070420
The applicant states he signed an addendum for a SRIP bonus but was denied his bonus by finance because the MOS which was on the list of those skills eligible for the bonus was for skill level “2” (pay grade E-5). In support of his application he submits the Office of the Chief, Army Reserve (OCAR) SRIP list which contains MOS 91C20 as a skill eligible for a $5,000.00 enlistment bonus for NPS CASP enlistees. On 25 July 2000 the applicant’s unit’s finance office stated that since the...