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Decision Text

ARMY | BCMR | CY2002 | 2002079441C070215
Original file (2002079441C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 15 APRIL 2003
         DOCKET NUMBER: AR2002079441


         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
Ms. Gale J. Thomas Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Mr. Richard T. Dunbar Member
Ms. Yolanda Maldonado 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 his records be changed by correcting his enlistment grade.

3. The applicant states that he should have enlisted in the pay grade of E-3 in accordance with Army Regulation 601-210.

4. The applicant’s military records show that he enlisted in the Army on 2 October 2001, in the pay grade of E-1, for a period of 4 years.

5. The applicant enlisted under the Army Civilian Acquired Skills Program, (ACASP), for Military Occupational Specialty (MOS) 88M (Motor Transport Operator), in accordance with Army Regulation 601-210, paragraph 7-10b.

6. Prior to his enlisting in the Army the applicant worked as a truck driver for Elderlite Express, Inc. for approximately 1 year and 5 months, Milky-Way Transport Company for 1 year, and RBX Transportation, Inc. for approximately
10 months.

7. In the processing of this case, an Advisory Opinion was obtained from the U.S. Total Army Personnel Command (PERSCOM), Retention Management Division, which states that the applicant enlisted under the Army Civilian Acquired Skills Program, Table 7-1, MOS 88M. In accordance with Army Regulation 601-210, paragraph 7-10b, persons who meet training and work experience requirements (Table 7-1) and satisfy all other enlistment criteria will be enlisted in pay grade E-3. The applicant was erroneously enlisted in pay grade E-1, therefore, the applicant’s records should be corrected to show the entry grade of E-3, with a date of rank of 2 October 2001, and that he receive any financial entitlements that he otherwise would have been entitled had his enlisted grade been correct.

8. The applicant was provided a copy of the advisory opinion and concurred with the recommendation.

9. Army Regulation 601-210, Table 7-1, lists the skills and criteria authorized for the ACASP, and provided in pertinent part, that to qualify for MOS 88M, the individual must have 2 years of experience as a driver of vehicles rated at 5 tons and higher, and must have a State motor vehicle license.

CONCLUSIONS:

1. The applicant enlisted under the Army Civilian Acquired Skills Program, and met the skills and criteria established for MOS 88M.

2. The applicant’s pay grade should be corrected to show he enlisted in the grade of E-3, with a date of rank of 2 October 2001, with entitlements to all back pay and allowances.

3. 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 the applicant enlisted in the pay grade to E-3, with a date of rank of 2 October 2001, with entitlements to all back pay and allowances from his enlistment date of 2 October 2001.

BOARD VOTE:

__JHL __ __RTD __ __YM ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Joann H. Langston __
                  CHAIRPERSON




INDEX

CASE ID AR2002079441
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030415
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. 112.00
2.
3.
4.
5.
6.


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