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Decision Text

ARMY | BCMR | CY2001 | 2001054593C070420
Original file (2001054593C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 July 2001
         DOCKET NUMBER: AR2001054593


         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor Chairperson
Mr. Hubert O. Fry Member
Mr. Eric N. Andersen 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, in effect, that the skill level of his military occupational specialty (MOS) be considered qualifying for the Select Reserve Incentive Program (SRIP) bonus.

3. 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). He contends that an error must have been made in preparing the SRIP list or in his finance office’s interpretation of the list since the SRIP bonus is specified for non-prior service (NPS) civilian acquired skill program (CASP) enlistees, who enter in pay grade E-4, which is skill level “1.”

4. 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.

5. The applicant’s military records show that on 28 August 1998 he enlisted in the USAR with no prior service for assignment to a troop program unit. At that time he signed a bonus addendum for a $5,000.00 SRIP bonus. That addendum, obviously prepared for the applicant by his recruiter (entries initialed by the applicant were circled), is unclear whether the applicant enlisted for a bonus unit or skill.

6. On 25 July 2000 the applicant’s unit’s finance office stated that since the applicant enlisted in pay grade E-4, he did not qualify for the SRIP bonus for 91C20 (pay grade E-5). The finance office recommended that the applicant submit a request for an exception to policy to receive the bonus.

7. At the time the applicant submitted his request to the Board he was assigned to a USAR Troop Program Unit serving in pay grade E-5.

8. Army Regulation 611-201, table 2-91C-2, shows the lowest skill level for MOS 91C as “2.”

9. Army Regulation 601-210, Chapter 7, provides the guidance for the enlistment and advancement of ACASP applicants. Table 7-1 of this regulation specifies that to qualify for MOS 91C20, Practical Nurse, with later appointment to pay grade E5, the following criteria must be met: a. Have successfully completed State-approved course in practical, registered, or vocational nursing. b. Must





have successfully passed the National Council of State Boards of Nursing Licensure Examination (NCLEX-PN or RN) and possess current State or Commonwealth of Puerto Rico license as practical, registered, or vocational nurse. c. Proficiency training required by paragraph 7-9 must be performed under supervision of an Army Nurse Corps Officer or NCO (SSG and above) qualified in MOS 91C. d. Persons enrolled in an approved practical or vocational nurse program, having satisfactory academic standings, with reasonable assurance of successfully completing the course, may be enlisted in the DEP or USAR when they are within 6 months of graduation. Individuals must successfully complete the practical or vocational nursing course, receive State license, and satisfy training requirements of the ACASP to be qualified for the award of MOS 91C20 and accelerated appointment to pay grade E5. Failure to satisfy any of these requirements will result in MOS re-designation. Individual then would be required to complete appropriate training for award of re-designated MOS, and subsequent promotions above pay grade E3 will be under AR 140-158 or AR 600-8-19. (Entry grade for this MOS will be Specialist.)

CONCLUSIONS:

1. The applicant was induced to enlist by the promise of a cash bonus. The applicant has fulfilled his end of the agreement by remaining assigned to a unit in the Army Reserve.

2. While it is unclear by the applicant’s bonus addendum whether he was enlisting for a bonus based on his enlistment into a high priority unit or MOS, since his unit was not on the list of those selected as high priority it must be assumed that he was enlisted for a high priority MOS, 91C20.

3. However, the OCAR bonus list is obviously in error. A CASP enlistee must enter in the military in pay grade E-4 and be promoted after completing proficiency training. As such, it is impossible for a person who is NPS and who is enlisting for the CASP to enter in the military in pay grade E-5 (skill level 20).

4. 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:

a. showing that the individual concerned was entitled to a $5,000.00 skill bonus at the time of his enlistment; and

         b. paying to him the skill bonus in accordance with the terms of his bonus addendum, as an exception to policy.

BOARD VOTE:

___rvo __ ___hof__ ___ena __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Raymond V. O'Connor___
                  CHAIRPERSON




INDEX

CASE ID AR2001054593
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010726
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 128.04
2.
3.
4.
5.
6.


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