RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          10 March 2005
      DOCKET NUMBER:  AR20040001920


      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. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Carmen Duncan                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his enlistment contract be
corrected to reflect that he enlisted under the Army Civilian Acquired
Skills Program (ACASP).

2.  The applicant states that he was recruited to become a Biological
Science Assistant at the U. S. Army Research Institute of Environmental
Medicine (USARIEM) and specifically for a physiology research position.
During the recruitment process, he was told that he would be promoted to E-
5 shortly after his arrival at USARIEM.  However, he was not told about the
ACASP, it was not included in his contract, and he did not learn of it
until he arrived in USARIEM.  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. He also states that he has a
Master's Degree.

3.  The applicant provides his DD Form 1966 (Record of Military Processing
– Armed Forces of the United States); his DA Form 3286-84 (Statement for
Enlistment United States Army Station/Unit/Command/Area Enlistment
Program); college transcripts; a copy of orders awarding him military
occupational specialty (MOS) 91K (Medical Laboratory Specialist); a
memorandum approving award of Additional Skill Identifier (ASI) P9; and a
supporting statement from the Research Physiologist at the USARIEM who
recruited him.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 28 May 2002 in pay grade
E-4 for 5 years, a cash enlistment bonus, the Loan Repayment Program, and
assignment to Natick Laboratories in MOS 91K.  At the time of his
enlistment he had a Master of Science degree in the Science of Exercise.
He completed basic combat training and advanced individual training (AIT)
in MOS 91K and was awarded MOS 91K on 26 September 2003.  Award of ASI P9
was approved on or about 26 September 2003 (upon his successful completion
of the medical laboratory technician (MLT) course); however, ASI orders
were not issued until   7 February 2005.  He was assigned to USARIEM on 14
October 2003.

2.  The supporting statement from the USARIEM Research Physiologist
indicates, in effect, that the applicant was recruited after he (the
applicant) responded to a national search by the institute to fill several
biological science positions (MOS 91KP9).  He also stated that the
applicant was exceptionally well qualified for the position and that it was
his intention, while working with the recruiter and the detachment
commander, that the applicant would be enlisted under the ACASP.  He
recommended that the applicant’s request be approved.

3.  The Board analyst made several attempts to obtain the approval of the
applicant's request from his commander.  As of 8 March 2005, no response
was received.

4.  In the processing of this case a staff advisory opinion was obtained
from the Recruiting Policy Branch of the Office of the Deputy Chief of
Staff G-1.  That office recommended disapproval of the applicant's request.
 That office noted that the applicant did not meet the requirement to be
medical or clinical laboratory technician certified until after he
completed AIT.

5.  A copy of the advisory opinion was provided to the applicant.  He
rebutted, noting that other Soldiers with whom he works at USARIEM, under
conditions similar to his own, have received accelerated promotions under
the ACASP.

6.  Army Regulation 601-210 provides policy and guidance for implementing
the ACASP.  It states, in pertinent part, that the ACASP attracts and uses
persons with civilian acquired skills required by the Army.  Persons
qualified for the ACASP may be given an advance in grade upon enlistment
and may be entitled to accelerated promotion based on the skill level and
demonstrated duty performance if approved by the commander.  Table 7-1 of
that regulation states, in pertinent part, that persons enlisting in the
ACASP for MOS 91K20P9 must possess as a minimum a bachelor’s degree with
specialization in biology, chemistry toxicology, physiology, organic
chemistry, physics, microbiology, zoology, parasitology, pharmacology,
biochemistry, or other related physical science or medical allied science.
They must also be certified as an MLT and approved for enlistment under the
ACASP.

7.  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.  Applicants will be
informed that such accelerated advancements are not automatic and are
contingent on their skill level and demonstrated duty performance.  They
must also be approved for enlistment in the MOS by the Chief Health
Services Branch and must successfully complete the proficiency training
required at the location of the assigned research project.

8.  Army Regulation 601-210, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was specifically recruited for and enlisted under the
ACASP by USARIEM to fill several vacant 91KP9 positions.  He was found to
be highly qualified for the position even though it appears he did not meet
one of the eligibility requirements (certified as an MLT).

2.  Notwithstanding the advisory opinion and the fact the applicant was not
certified as an MLT prior to his enlistment, the evidence shows that he was
informed that he was being recruited under the ACASP with the potential for
accelerated advancement to the pay grade of E-5.

3.  However, the applicant has not provided his commander's recommendation
and the Board analyst has not been able to obtain it.  Regrettably, without
that recommendation there is insufficient basis on which to grant the
applicant’s request as an exception to policy.  If the commander's
recommendation were provided, his enlistment contract could be corrected to
show that he enlisted under the ACASP and that he was authorized
accelerated promotion to the pay grade of E-5 effective 7 December 2003 (8
weeks after arrival at USARIEM), with entitlement to all back pay and
allowances.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JS______  LE______  CD______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case
are insufficient as a basis for correction of the records of the individual
concerned.




            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040001920                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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