RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          16 June 2005
      DOCKET NUMBER:  AR20040006352


      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 official military personnel
record be corrected to show that he was promoted to sergeant, pay grade E-5
in accordance with Army Regulation 601-210, under the Army Civilian
Acquired Skills Program (ACASP).

2.  The applicant states no contentions.

3.  The applicant provides in support of his request the following
documents:

      a.  DA Form 3286-68 (Statement for Enlistment-ACASP), dated
26 February 2002 which shows the applicant's acquired skill was being
recognized for enlistment and he would be advanced to pay grade
E-5 in accordance with Army Regulation 601-210 upon a demonstration of
proficiency, skill, conduct and a recommendation from his commander.

      b.  Memoranda, 527th Military Intelligence Battalion, dated 5 March,
16 April and 18 April 2003 recommendations for accelerated promotion to
sergeant.

      c.  United States Army Intelligence School and Center, Fort Huachuca,
Goodfellow Air Force Base Orders Number 276-22, dated 3 October 2002
directing that the applicant be awarded military occupational specialty
(MOS) 98G upon successful completion of the MOS producing school.

      d.  Certification of Training Memorandum, dated 1 April 2003, shows
the applicant successfully completed the training requirements for Voice
Interceptor Operator for award of military occupational specialty (MOS)
98G, effective
31 March 2003.

      e.  Detachment B, 509th Personnel Service Battalion, Orders Number
234-48, dated 22 August 2003, promoting the applicant from specialist four
to sergeant in MOS 98G.

      f.  Detachment B, 516th Personnel Services Battalion, memorandum,
dated 7 May 2004, stating, in effect, that the applicant's promotion packet
for sergeant under the ACASP was incomplete.  The DA Form 3286-68 was
missing from his packet

      g.  Enlistment Distribution and Assignment System, Electronic Record,
dated 15 June 2004.
CONSIDERATION OF EVIDENCE:

1.  On 19 December 2001, the applicant enlisted in the United States Army
Reserve (USAR) Delayed Entry Program (DEP) for 8 years.  On 28 February
2002, 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 $20,000, and in the rank of specialist four.  He was not required to
attend language training for Korean language.

2.  The Certification of Training memorandum, dated 1 April 2003, which
shows the applicant was enrolled and successfully completed a 4 month on-
the-job-training program from 1 December 2002 to 31 March 2003 for award of
MOS 98G (Voice Intercept Operator).

3.  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.  On 22 August 2003, Orders Number 234-48 were published showing
the applicant was promoted from specialist four to sergeant, in MOS 98G,
with an effective
DOR and DOR of 15 December 2002.

4.  On 7 May 2004, Detachment B, 516th Personnel Services Battalion advised
the commander that the applicant's promotion packet for sergeant did not
contain a DA Form 3286-68 to show he enlisted under the ACASP for promotion
to sergeant in accordance with Army Regulation 601-210.  The commander was
also advised that no later than 6 months from the recommended 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).

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 specialist four and later appointment
to sergeant/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 1 December 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
15 December 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.  His chain of command took the necessary action
to accelerate the applicant's promotion to sergeant under ACASP with a DOR
of
15 December 2002.  The request was submitted 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
15 December 2002.  He should also receive all due pay and allowances in
that grade effective on 15 December 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 15 December 2002.  He is also entitled
to all back pay and allowances that he would have received had he been
properly promoted on 15 December 2002.


                 Raymond J. Wagner
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040006352                           |
|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.                      |                                        |



  On 5 March 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 unit commander
recommended that the applicant be promoted with a DOR of 15 December 2002.
The commander stated that the applicant had successfully completed all of
the requirements in accordance with Army Regulation 601-210 on 15 December
2002


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