Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001057847C070420
Original file (2001057847C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 January 2002
         DOCKET NUMBER: AR2001057847


         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. Robert J. McGowan Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Mr. Roger W. Able Member
Ms. Terry L. Placek 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 his enlistment contract be corrected to show that he was recruited and enlisted under the Army Civilian Acquired Skills Program (ACASP). By extension, he is also requesting that he be promoted to the rank of Sergeant (SGT/E-5) with the appropriate date of rank.

3. The applicant states that he has a master's degree in physical education with a concentration in exercise physiology. He was recruited to become a Biological Science Assistant at the US Army Research Institute of Environmental Medicine (USARIEM). He was promised that he would be promoted to SGT shortly after his arrival at USARIEM. However, his recruiter did not enlist him under ACASP and the promotion did not occur. He is a Specialist (SPC/E-4) at USARIEM, Natick, Massachusetts, serving in military occupational specialty (MOS) 91K20P9, Biological Sciences Assistant.

4. In support of his application, the applicant submits: a copy of a 1 December 2000 letter to the Board; a copy of his DD Form 1966/3; a copy of a memorandum from Enlisted Personnel Division, Army Medical Department, awarding the applicant an additional skill identifier (ASI) of P9; a copy of a memorandum from the Commander, USARIEM, supporting his request; a copy of a memorandum from the Chief, Thermal and Mountain Medicine Division, USARIEM, stating that he recruited the applicant as a Biological Sciences Assistant and that he was to have been enlisted under the ACASP.

5. The applicant’s military records show that he enlisted in the Regular Army for 4 years on 10 June 1999 and the US Army Station/Unit/Command Area Enlistment Option and Incentive Enlistment Program (Student Loan Repayment Program).

6. In the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff for Personnel (ODCSPER) which recommends that the applicant's request be approved and that he be promoted to the rank of SGT/E-5. The opinion states that the applicant should have been enlisted under the provisions of chapter 7, Army Regulation (AR) 601-210, in the rank of SPC/
E-4, with accelerated promotion to SGT/E-5. The applicant was provided an opportunity to respond to the advisory opinion and concurred.

7. AR 601-210, Regular Army and Army Reserve Enlistment Program, prescribes criteria governing enlistment of persons in the Regular Army and US Army Reserve. Chapter 7 discusses enlistment under the ACASP and provides information for various MOS's, including MOS 91K20P9. This chapter is frequently updated by messages from the US Total Army Personnel Command (PERSCOM) which establish the final appointment rank. The final appointment rank for MOS 91K20P9 was established as SGT.


CONCLUSIONS:

1. The applicant was enlisted to fill a specific vacancy at the USARIEM in MOS 91K20P9. He was awarded the MOS on 3 March 2001 and is currently serving in it.

2. AR 601-210 provides that persons with civilian acquired skills in MOS 91K20P9 will be enlisted in the rank of SPC/E-4 and promoted to the rank of SGT/E-5 upon satisfactory demonstration of proficiency. The applicant has demonstrated that degree of proficiency by virtue of his having been awarded the MOS.

3. The individual who recruited the applicant for a Biological Sciences Assistant position at the USARIEM has stated that the applicant was to be enlisted under the ACASP.

4. The ODCSPER advisory opinion supports the applicant's request.

5. 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 enlisted under the ACASP in the rank of SPC/E-4 and that he was granted an accelerated promotion to SGT/E-5, with all due pay and allowances, following his satisfactory demonstration of technical proficiency on or before 3 March 2001, the date he was awarded MOS 91K20P9.

BOARD VOTE:

__LLS___ __RWA__ __TLP__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ _Luther L. Santiful____
                  CHAIRPERSON




INDEX

CASE ID AR2001057847
SUFFIX
RECON
DATE BOARDED 20020108
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY DASA
ISSUES 1. 112.0200
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | DRB | CY2005 | 20050017238

    Original file (20050017238.doc) Auto-classification: Approved

    Army Regulation 601-210, paragraph 7-11 of the version in effect at the time, stated accelerated promotion of persons enlisted under the ACASP would be made either with approval of the unit commander or by the training commander for active Army personnel after successful completion of all training required by the enlistment program selected. The evidence provided by the applicant indicated it was USARIEM's intention to enlist her under the ACASP. Accordingly, given the support of the...

  • ARMY | BCMR | CY2004 | 2004105778C070208

    Original file (2004105778C070208.doc) Auto-classification: Approved

    The applicant requests that his enlistment contract be corrected to reflect that he enlisted under the Army Civilian Acquired Skills Program (ACASP). Army Regulation 601-210 further states that personnel approved for enlistment under this program will be enlisted in the pay grade of E-4 based on possession of a bachelor’s degree and may be advanced to the pay grade of E-5 contingent on the commander’s approval. Accordingly, given the support of his chain of command, the...

  • ARMY | BCMR | CY2003 | 2003089419C070403

    Original file (2003089419C070403.rtf) Auto-classification: Approved

    The applicant requests that her enlistment contract be corrected to reflect that she enlisted under the Army Civilian Acquired Skills Program (ACASP) and that she was authorized an accelerated promotion to the pay grade of E-5 effective 23 October 2002. The Board granted relief in both of the applicant's cases (AR1999020793 and AR1999020967). Notwithstanding the advisory opinion from the G-1, the Board is convinced based on the evidence presented and the evidence of record that the...

  • ARMY | BCMR | CY2004 | 20040011017C070208

    Original file (20040011017C070208.doc) Auto-classification: Denied

    James B. Gunlicks | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his enlistment contract be corrected to reflect he enlisted under the Army Civilian Acquired Skills Program (ACASP). Prior to arriving at USARIEM he had no knowledge of the ACASP or its role in accelerated promotion at the time of his enlistment and he was never given the same opportunity as other Soldiers who entered the Army...

  • ARMY | BCMR | CY2004 | 20040001920C070208

    Original file (20040001920C070208.doc) Auto-classification: Denied

    After arriving at the USARIEM, he discovered that other individuals who were selected for the same program, enlisted under the same program, and had similar credentials as his were granted accelerated promotions to the pay grade of E-5 by the Board, based on the same circumstances that occurred in his case. Army Regulation 601-210 further states that personnel approved for enlistment under this program will be enlisted in the pay grade of E-4 based on possession of a bachelor’s degree and...

  • ARMY | BCMR | CY1996 | 9607798C070209

    Original file (9607798C070209.txt) Auto-classification: Approved

    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). Paragraph 2-4 states that persons enlisting in the Regular Army without prior service will be enlisted in pay grade E-1. The applicant was properly enlisted under Army...

  • ARMY | BCMR | CY2009 | 20090015542

    Original file (20090015542.txt) Auto-classification: Denied

    The applicant provides, in support of her application, copies of her memorandum submitted through the Commander, USARIEM; a statement from a sergeant; her college transcripts; her certificate for Medical Technologist (MT); a letter, dated 21 October 2008, from USARIEM; an SFS Form 29-E-R (Recommendation for Student Action); two pages from her application for enlistment; 3 pages from her enlistment contract; her orders, dated 2 June 2003, for transfer to the Medical Command Europe Replacement...

  • ARMY | BCMR | CY2010 | 20100022728

    Original file (20100022728.txt) Auto-classification: Approved

    The applicant requests reconsideration of her request that her enlistment contract be corrected to show she was enlisted in the Army Civilian Acquired Skills Program (ACASP) for military occupational specialty (MOS) 91K (Biological Science Assistant) with an additional skill identifier (ASI) of P9 and that she be promoted to sergeant/pay grade E-5 as provided for under the ACASP for MOS 91K2OP9 with entitlement to all back pay and allowances. The applicant states the Army Board for...

  • ARMY | BCMR | CY2009 | 20090000624

    Original file (20090000624.txt) Auto-classification: Approved

    a. Paragraph 7-11 (Determination of qualifications and enlistment grades) provides that ACASP applicants must present valid evidence of completion of required civilian training to enlistment authorities. The evidence of record shows the applicant enlisted in the USAR in the grade of E-4 under the ACASP on 4 November 2006 with an assurance of attending the school course for MOS 68V2O (Respiratory Specialist). The evidence of record shows that the online DA Pamphlet 611-21, printed on 12...

  • ARMY | BCMR | CY2001 | 2001062893C070421

    Original file (2001062893C070421.rtf) Auto-classification: Approved

    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). ...