Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002080378C070215
Original file (2002080378C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 July 2003
         DOCKET NUMBER: AR2002080378


         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
Mrs. Carolyn G. Wade Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Walter T. Morrison Member
Mr. Thomas E. O'Shaughnessy, Jr. 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 date of rank be corrected to reflect 1 July 2001 in accordance with (IAW) Army Regulation 601-210, chapter 7, paragraph 7-11.

3. The applicant states that she has not been promoted IAW Army Regulation 601-210, chapter 7, paragraph 7-11. In support of her application, she submits: a copy of her Enlisted Record Brief (ERB); a copy of a recommendation from her supervisor; a copy of orders, a copy of her enlistment contract; a copy of her state nursing licensure; and a copy of an orientation memorandum.

4. The applicant’s military records show that she enlisted in the Regular Army on 8 February 2001 for a period of 4 years under the Army Civilian Acquired Skills Enlistment Program as a Practical Nurse, military occupational specialty (MOS) 91C, and for the U.S. Army Station/Unit/Command/Area Enlistment Option (Walter Reed Army Medical Center, Washington, DC).

5. The applicant acknowledged that she understood that in accordance with Army Regulation 601-210 she would be advanced to pay grade E-5, provided she received a recommendation from her commander and met all of the requirements under the Army Civilian Acquired Skills Enlistment Program.

6. On 24 June 2002, the applicant's commander authored a memorandum indicating the applicant had met all the requirements under the Army Civilian Acquired Skills Enlistment Program for promotion to sergeant/E-5. She further stated that the applicant had demonstrated all of the requisite skills, proficiency, and conduct required. The commander recommended that the applicant be advanced to pay grade E-5.

7. On 9 September 2002, the applicant requested an exception to policy for conditional waiver to sergeant and requested a date of rank of 1 July 2001. On 25 September 2002, the applicant's unit recommended approval.

8. In the processing of this case an advisory opinion was obtained from the Office of the Deputy Chief of Staff G-1, Recruiting Policy Branch. The Recruiting Policy Branch recommended that administrative relief of the applicant's request for date of rank adjustment of promotion to rank of sergeant, pay grade E-5, and back pay to coincide with actual completion of proficiency training.

9. On 4 December 2002, the applicant was provided with a copy of the advisory opinion for review and possible comment. On 17 December 2002, the applicant concurred with the advisory opinion.

10. Army Regulation 601-210, chapter 7, provides policy and guidance for implementing the Army Civilian Acquired Skills Program. The Army Civilian


Acquired Skills Enlistment Program is intended to attract and use individuals with civilian-acquired skills required by the Army. Individuals qualified for the Army Civilian Acquired Skills Enlistment Program may be given an advance in grade upon enlistment and may be entitled to accelerated promotion based on the skill level held, and demonstrated duty performance.

CONCLUSIONS:

1. The applicant enlisted under the Army Civilian Acquired Skills Enlistment Program with the understanding that she would be promoted to sergeant upon completion of medical proficiency training and demonstration of the appropriate skills level. She completed her medical proficiency training on 1 July 2001 and was duly certified by her chain of command. She was not promoted.

2. The Office of the Deputy Chief of Staff G-1, Recruiting Policy Branch, opined that the applicant should have been promoted to sergeant on 1 July 2001.

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 that the individual concerned was promoted to the rank of sergeant, pay grade E-5, on 1 July 2001 and by paying her the appropriate difference in pay and allowances from 1 July 2001.

BOARD VOTE:

__mkp___ __wtm___ __teo___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Margaret K. Patterson
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2002080378
SUFFIX
RECON
DATE BOARDED 20030729
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 131.0500
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002071527C070402

    Original file (2002071527C070402.rtf) Auto-classification: Approved

    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 | 2002071580C070402

    Original file (2002071580C070402.rtf) Auto-classification: Approved

    On 3 July 2001, an instructor of the Nursing Education Service, BAMC, recommended that the applicant be awarded MOS 91C based on her successful completion of 8 weeks of proficiency training and that she be granted an accelerated promotion to SGT/E-5 in accordance with paragraph 7-11, Army Regulation 601-210, the ACASP enlistment option. The advisory opinion noted that the applicant had completed the required training on 3 July 2001, and had received a recommendation for accelerated...

  • ARMY | BCMR | CY2002 | 2002071526C070402

    Original file (2002071526C070402.rtf) Auto-classification: Approved

    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

    Original file (2002071359C070402.rtf) Auto-classification: Approved

    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 | CY2004 | 2004103309C070208

    Original file (2004103309C070208.doc) Auto-classification: Approved

    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 | CY2001 | 2001063283C070421

    Original file (2001063283C070421.rtf) Auto-classification: Approved

    The applicant’s military records show that she enlisted in the Regular Army on 17 May 2000 under the Army Civilian Acquired Skills Enlistment Program (ACASP) for Military Occupational Specialty (MOS) 91C (Practical Nurse), in the pay grade of E-4. The applicant enlisted in the Army under the Army Civilian Acquired Skills Program for MOS 91C, she completed her 8 weeks of proficiency training, was awarded MOS 91C, and given an assignment as a Practical Nurse. That all of the Department of...

  • ARMY | BCMR | CY2002 | 2002070091C070402

    Original file (2002070091C070402.rtf) Auto-classification: Approved

    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

    Original file (2003083430C070212.rtf) Auto-classification: Denied

    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 | 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). ...

  • ARMY | BCMR | CY2001 | 2001064522C070421

    Original file (2001064522C070421.rtf) Auto-classification: Approved

    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,...