| Mr. Carl W. S. Chun | Director | |
| Mr. G. E. Vandenberg | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Thomas Lanyi | Member | |
| Mr. Bernard P. Ingold | Member |
2. The applicant requests, in effect, that he be granted promotion to sergeant (E-5) retroactive to the completion of requirements as set forth in his Army Civilian Acquired Skills Enlistment Program (ACASP) enlistment agreement.
3. The applicant states that he enlisted under the ACASP however; he was not properly advanced in accordance with the provisions of his ACASP agreement.
4. The applicant’s military records show that he enlisted under a delayed entry on 26 February 2001 with entrance onto active duty 9 August 2001 in pay grade E-4. The applicant successfully completed basic combat training and was granted the military occupational specialty of 91M6Y2 (Licensed Practical Nurse) without further training being necessary.
5. On 19 April 2002, the applicant’s command submitted a DA Form 4187 (Personnel Action) recommending that the applicant be advanced to sergeant (E-5) with a date of rank and effective date of 19 September 2001.
6. The applicant’s record contains a copy of a DA Form 3286-68 (Statement for Enlistment, ACASP) that states that the applicant will be advanced to pay grade E-5 in accordance with Army Regulation 601-210 upon demonstrating of his proficiency, skill, and conduct.
7. The record contains no evidence of any disciplinary action, or other negative factor, nor any indication that the applicant’s command initiated any action to deny or defer his ACASP promotion.
8. Army Regulation (AR) 601-210, chapter 7, provides policy and guidance for implementing the Army Civilian Acquired Skills Program (ACASP). Section 7-10b states that persons who meet the training and work experience requirements, as set forth in table 7-1, may be enlisted in pay grade E-4. Upon completion of basic training, and other training as appropriate, the member may be promoted to the accelerated grade authorized in their enlistment agreement.
9. AR 610-210, section 7-11a, states that promotion to the accelerated grade and award of the MOS authorized in the enlistment agreement will be made after successful completion of all training required in the enlistment program selected in Table 7-2 or 7-3. For Regular Army members this includes eight weeks of successful performance in the skill. The accelerated grade will be awarded to qualified soldiers without regard to time in grade, time in service, or promotion allocation.
10. AR 610-210, subparagraph 7-11b states that a commander, having promotion authority, may deny or defer promotion if the member does not demonstrate proper conduct or fails to demonstrate minimum required levels of
performance. If the commander seeks to deny or defer the promotion, they must notify the applicant in writing of the reasons for the denial or deferment and counsel them on the reasons for the deferment or denial.
11. An advisory opinion was obtained from the Office of the Deputy Chief of Staff G-1, Recruiting Policy Branch. The Senior Army Recruiting Policy Non Commissioned Officer (SARP NCO) noted that the applicant meets the requirements for advancement to pay grade E-5. The SARP NCO opined that the applicant should be promoted to sergeant (pay grade E-5) with an adjusted promotion date to coincide with the completion of his 8 weeks of proficiency training unless, there is evidence that it was held up for other regulatory reasons.
12. The applicant was afforded a copy of advisory opinion and concurred with that opinion.
CONCLUSIONS:
1. There is no evidence of any factor that would disqualify the applicant from the receiving his enlistment guarantees, nor is there any indication that his command initiated any action to properly deny or defer the applicant’s promotion.
2. The Board notes that the applicant enlisted under the ACASP with a guarantee that he would be promoted to pay grade E-5 upon demonstration of his proficiency, skill, and conduct.
3. The Board concludes that the applicant’s ACASP enlistment agreement has been overlooked and failure to correct this error creates an injustice.
4. Therefore, the Board finds that it is in the interest of justice to show that the applicant was promoted to E-5 effective 19 September 2001, in accordance with the recommendation for advancement as requested by his unit.
5. In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will rectify an injustice.
RECOMMENDATION:
That all of the Department of the Army records for the individual concerned related to this case be corrected;
a. by showing that he was granted an accelerated promotion to pay grade E-5, effective 19 September 2001; and,
b. by awarding him retroactive pay and allowances to coincide with these adjusted promotion dates.
BOARD VOTE:
_JNS____ __TL_ __ ___BPI__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__ John N. Slone_____
CHAIRPERSON
| CASE ID | AR2002076964 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030429 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 129.05 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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