RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          16 June 2005
      DOCKET NUMBER:  AR20040006348


      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. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |Member               |
|     |Ms. Delia R. Trimble              |     |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 record be corrected to show
he was promoted to sergeant, pay grade E-5, in accordance with Army
Regulation (AR) 601-210, under the Army Civilian Acquired Skills Program
(ACASP).

2.  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.

3.  The applicant provides in support of his request:

      a.  DA Form 3286-68 (Statement for Enlistment-ACASP), dated
26 February 2002, showing the applicant enlisted under the ACASP and he
would be advanced to sergeant, pay grade E-5, in accordance with AR 601-210
upon a demonstration of proficiency, skill, conduct and a recommendation
from his commander.

      b.  Orders Number 112-05, United States Army Intelligence School,
Fort Huachuca, Goodfellow Air Force Base, directing that the applicant be
awarded military occupational specialty (MOS) 98G upon successful
completion of the MOS producing school.

      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, Detachment B, 516th Personnel Services Battalion,
dated 7 May 2004, stating, in effect, that the applicant's promotion packet
for sergeant under the ACASP was incomplete.

      f.  Memorandum for Record, Company A, 527th Military Intelligence
Battalion, dated 24 May 2004, Subject:  Recommendation/Certification.


      g.  Memorandum, Company A, 527th Military Intelligence Battalion,
dated 25 May 2004, showing a recommendation/ certification from the
battalion commander.


      h.  Electronic Record, Enlistment Distribution and Assignment System,
dated 15 June 2004.

CONSIDERATION OF EVIDENCE:

1.  On 30 July 2001, the applicant enlisted in the United States Army
Reserve (USAR) Delayed Entry Program (DEP) for 8 years.  On 17 September
2001, he was discharged from the DEP and he enlisted in the Regular Army in
accordance with Army Regulation 601-210, under ACASP, for a period of 5
years, training in MOS 98G (Korean Linguist), a cash bonus in the amount of
$15,000, and in the rank of private first class.

2.  The evidence available shows that, on 23 May 2002, the applicant
completed the Electronic Warfare/Voice Interceptor (Korean) Course and
Orders Number 297-402 shows he was promoted from private first class to
sergeant in MOS 98G, effective 1 November 2002.

3.  On 7 May 2004, the 516th Personnel Services Battalion advised the
battalion commander that the applicant's promotion packet for sergeant
under the ACASP was incomplete.  The commander was also advised that, no
later than 6 months from the recommended date of rank (DOR), the following
documents were required to have been forwarded to the Human Resource
Command, Alexandria, Virginia:  DA Form 3286-68, a copy of the appropriate
license/certification, a recommendation for promotion (authenticated by a
lieutenant colonel or higher), written verification of 8 weeks successful
performance in the skill, and a promotion order.  All requests that were
older than 6 months, such as the applicant's, also required submission of a
DD Form 149 (Application for Correction of Military Records).

4.  On 25 May 2004, the battalion commander responded to the 516th
Personnel Services Battalion by stating that the applicant's promotion
packet had been misplaced and needed to be reconstructed.  The applicant
had completed all requirements in accordance with Army Regulation 601-210
and he had been promoted to sergeant when he arrived at the 102nd Military
Intelligence Battalion. The battalion commander recommended that the
applicant receive an accelerated promotion to the rank of sergeant with an
effective DOR and DOR of 1 November 2002.  The necessary documents were
provided to the HRC to include the DD Form 149.

5.  In the processing of this case, on 13 October 2004, the Senior Army
Recruiting Policy and Programs Manager, Recruiting Policy Branch, Office of
the Deputy Chief of Staff G-1, opined that if the applicant enlisted under
the ACASP for MOS 98G, in the rank of private first class and later
appointment to sergeant, pay grade E-5, the following action should occur:
      a.  Accelerated promotion to sergeant is authorized upon completion of
all required training (where applicable), 8 weeks of proficiency training
after arrival at the first duty station, and approval of the unit
commander.


      b.  Accelerated promotion to sergeant should coincide with the actual
completion date of the 8 weeks of proficiency training at the first duty
station, unless the commander takes action to deny or defer the accelerated
grade.
The commander must advise the Soldier in writing of the reason for denial
or deferment of the accelerated grade.

      c.  The opinion was based on regulatory guidance outlined in Army
Regulation 601-210, chapter 7, paragraph, 7-11, as well as the review of
the enclosed DD Form 149 and source documents.

      d.  The recommendation is administrative relief for the applicant.
The applicant should be promoted based on regulatory guidance.  The
effective date of promotion should coincide with the date the applicant
completed the proficiency training and the commander (lieutenant colonel or
above) recommended the promotion to sergeant.

6.  On 15 November 2004, the above advisory opinion was referred to the
applicant for comment or rebuttal and he failed to respond.

7.  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 effective date and DOR on the date all requirements are
met.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s commander asserts that the applicant met all the
requirements for promotion to pay grade E-5 under the ACASP program on
1 November 2002 and recommended that he be promoted to sergeant with a DOR
and effective DOR on this date.  There is no reason to doubt otherwise.

2.  It appears that the applicant's separation packet was incomplete due to
no fault of the applicant.  The applicant's chain of command took the
necessary action to accelerate his promotion to sergeant under ACASP with a
DOR of
1 November 2002.  The request for accelerated promotion was submitted to
the HRC later than 6 months from the recommended DOR.  Therefore, the
request was never acted upon by the appropriate authority.  The request was
submitted to this Board.

3.  Consequently, the applicant’s records should be corrected to show that
he was promoted to sergeant, pay grade E-5 effective and with a DOR of
1 November 2002.  He should also receive all due pay and allowances in that
grade effective on 1 November 2002.

BOARD VOTE:

__rjw___  __kwl___  __drt___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing the individual concerned was promoted to sergeant, pay grade
E-5 with an effective DOR and DOR of 1 November 2002, also with entitlement
to all back pay and allowances that he would have received had he been
properly promoted on 1 November 2002.



                 Raymond J. Wagner
            ______________________
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006348                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050616                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.0000                                |
|2.                      |131.0900                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]