| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Lester Echols | Member | |
| Ms. Yolanda Maldonado | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his date of rank to sergeant, E-5, be corrected to show 26 April 2002.
2. The applicant states, in effect, that he completed his training on 26 April 2002; however, his date of rank is 15 October 2002.
3. The applicant provides a recommendation, dated 25 March 2003, in support of his request; a DA Form 4187 (Personnel Action), dated 6 February 2003; a DA Form 3286-68 (Statement for Enlistment United States Army/Army Reserve Civilian Acquired Skills Enlistment Program), dated 19 September 2001; and a certificate of training, dated 26 April 2002.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve on 30 July 2001 in pay grade E-3 under the delayed entry program. He enlisted in the Regular Army on
17 September 2001 in pay grade E-4 for training in career management field 98X10, Electronic Warfare/Signal Intelligence Analyst, Army Civilian Acquired Skills Program (ACASP) enlistment incentive. His DA Form 3286-68 states that he would be advanced to pay grade E-5 in accordance with Army Regulation
601-210. The applicant completed advanced individual training (AIT) on 26 April 2002 and was awarded 98G (voice interceptor). The Enlisted Distribution Assignment System (EDAS) shows he was assigned to the 201st Military Intelligence Company, Bad Aibling, in Germany on 21 May 2002.
2. Detachment B (Stuttgart), 510th Personnel Services Battalion Orders 316-3, dated 12 November 2002, promoted the applicant to sergeant, E-5, with a date of rank and effective date of 15 October 2002.
3. On 6 February 2003, the Company A, 105th Military Intelligence Battalion commander requested the applicant's date of rank be backdated to 21 July 2002. He stated that the soldier was not promoted as stated in his enlistment contract.
4. On 25 August 2003, the Company A, 105th Military Intelligence Battalion commander requested the applicant's date of rank be backdated to 17 July 2002. He stated that the soldier was not promoted as stated in his enlistment contract. He also stated that the applicant's on-the-job training started on 21 May 2002.
5. Forward Area Support Team - Bad Aibling (FAST-BA), Detachment B, 510th Personnel Services Battalion Orders 244-6, dated 2 September 2003, revoked the applicant's promotion orders (Detachment B (Stuttgart), 510th Personnel Services Battalion Orders 316-3, dated 12 November 2002).
6. FAST-BA, Detachment B, 510th Personnel Services Battalion Orders 244-10, dated 2 September 2003, promoted the applicant to sergeant, E-5, with a date of rank and effective date of 17 July 2002.
7. On 22 January 2004, the Defense Finance and Accounting Service informed the Board analyst that their records show the applicant's effective date of promotion to E-5 as 15 October 2002.
8. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), paragraph 7-11, states that accelerated promotion of persons enlisted under the ACASP will 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. For Regular Army soldiers, this includes 8 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.
9. In the processing of this case, an advisory opinion was obtained from the Recruiting Policy Branch of the Office of the Deputy Chief of Staff G-1. That office cited the regulatory guidance outlined in Army Regulation 601-210, chapter 7, and stated that the applicant's request should be honored, provided the date of rank coincides with the date the proficiency training at the first duty station was completed.
10. A copy of the advisory opinion was provided to the applicant for comment. He did not respond within the given timeframe.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed AIT on 26 April 2002. However, he had not met the requirement of the 8-week commander's evaluation under the ACASP to be eligible for promotion on that date. Therefore, in accordance with the governing regulation, there is no basis for granting the applicant's request to correct his date of rank to 26 April 2002.
2. The discrepancy between EDAS showing the applicant was assigned to the 201st Military Intelligence Company and the commander of Company A, 105th Military Intelligence Battalion recommending him for advancement under the ACASP is noted; however, it is presumed the applicant was properly attached to Company A, 105th Military Intelligence Battalion for administrative and other purposes.
3. Evidence of record shows the applicant fulfilled all the requirements for promotion under the ACASP on 17 July 2002. As a result, he was promoted to sergeant, E-5, effective 17 July 2002 with a date of rank of 17 July 2002.
4. The applicant's finance records should reflect his effective date for promotion to E-5 as 17 July 2002 and he should be paid any and all due back pay and allowance, if applicable.
BOARD VOTE:
AAO____ LE______ YM_______ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was promoted to sergeant, E-5, with a date of rank and effective date of 17 July 2002 and by paying him any and all due back pay and allowances.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adjusting his date of rank to sergeant, E-5, to 26 April 2002.
__Arthur A. Omartian__
CHAIRPERSON
| CASE ID | AR2003088772 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20040127 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 112.0200 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003088771C070403
The applicant provides his DA Form 3286-68 (Statement for Enlistment United States Army/Army Reserve Civilian Acquired Skills Enlistment Program); his advanced individual training (AIT) completion certificate; promotion orders dated 13 January 2003; a DA Form 4187 (Personnel Action) dated 6 February 2003; a memorandum dated 25 March 2003; orders dated 2 September 2003 revoking his January 2003 promotion orders; and promotion orders dated 2 September 2003. That office recommended...
ARMY | BCMR | CY2003 | 2003088777C070403
Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) The applicant’s military records show that he enlisted in the Regular Army on 28 June 2001 in pay grade E-4 for training in career management field 98X10, Electronic Warfare/Signal Intelligence, ACASP enlistment incentive. After supporting documents are rendered, his request should be honored provided the date of rank requested coincides with the date the...
ARMY | BCMR | CY2003 | 2003084769C070212
Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) The applicant’s military records show that she enlisted in the Regular Army on 15 September 1999 in pay grade E-3 for training in career management field 98X10, Electronic Warfare/Signal Intelligence, ACASP enlistment incentive. The Board notes that, in accordance with the advisory opinion, the correction requested by the applicant has already been made by...
ARMY | BCMR | CY2004 | 20040007893C070208
The applicant requests that his enlistment contract be corrected to reflect that he enlisted under the Army Civilian Acquired Skills Program (ACASP) with a promotion to E-5, effective 29 January 2003, in accordance with Army Regulation's 600-8-19 (Enlisted Promotions and Reductions) and 601-210 chapter 7-11 (Regular Army and Army Reserve Enlistment Program). Army Regulation 601-210, paragraph 7-11 states that accelerated promotion of persons enlisted under the ACASP will be made either...
ARMY | BCMR | CY2004 | 20040006348C070208
The applicant states, in effect, that he was promoted to sergeant on 1 November 2002 and his official military records, to include his Enlisted Record Brief, were never updated to show he was promoted. c. Certificate of Training, 17th Training Group, Goodfellow Air Force Base, dated 23 May 2002. d. Orders Number 297-402, Detachment B, 509th Personnel Services Battalion, promoting the applicant from private first class to sergeant in MOS 98G, effective 1 November 2002. e. Memorandum,...
ARMY | BCMR | CY2004 | 20040006352C070208
On 18 April 2003, the battalion commander recommended that the applicant receive an accelerated promotion to the rank of sergeant with an effective DOR and DOR of 15 December 2002, the applicant had successfully completed all requirements in accordance with Army Regulation 601-210 as of this date. The applicant’s commander asserts that the applicant met all the requirements for promotion to pay grade E-5 under the ACASP program on 15 December 2002 and recommended that he be promoted to...
ARMY | BCMR | CY2008 | 20080008000
d. Enlisted Record Brief (ERB), dated 17 April 2008. e. DA Form 300 (Language Proficiency Questionnaire), dated 8 August 2001, 2 April 2002, and 19 February 2008. f. Certificate of Training, dated 20 November 2001, completion of Electronic Warfare/Voice Interceptor Spanish Course. The applicants date of rank and effective date of promotion should coincide with the date he completed his proficiency training and the commander recommended the promotion. At the time the applicant enlisted...
ARMY | BCMR | CY2004 | 20040006350C070208
The commander stated that the applicant had successfully completed all of the requirements in accordance with Army Regulation 601-210 and that the applicant had been promoted to sergeant prior to her arrival at the 102nd Military Intelligence Battalion. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides for enlisted promotions and states in pertinent part that Soldiers enlisted into the Army under ACASP in accordance with Army Regulation 601-210 will be promoted with an...
ARMY | BCMR | CY2004 | 20040006356C070208
On 1 November 2004, the battalion commander provided to this Board, on behalf of the applicant, a memorandum stating, in effect, that the applicant's DOR is 1 October 2003 and that it should be corrected to show that he had a DOR and effective DOR of 1 June 2003 in accordance with Army Regulation 601-210. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides for enlisted promotions and states in pertinent part that Soldiers enlisted into the Army under ACASP in accordance...
ARMY | BCMR | CY2005 | 20050005981C070206
Jeanette R. McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The unit commander recommended a promotion effective date and date of rank of 30 July 2003. The evidence of record confirms that the applicant enlisted under the provisions of the ACASP and that the terms of his enlistment authorized his accelerated promotion to SGT/E-5 upon completion of all required training and certification of proficiency after eight...