RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           16 August 2005
      DOCKET NUMBER:  AR20040011017


      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. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 that his enlistment contract be corrected to
reflect he enlisted under the Army Civilian Acquired Skills Program
(ACASP).

2.  The applicant states he graduated college with a degree in Biomedical
Science in June 2001, following which he worked part-time in a research
center at Florida International University.  Upon completing that work, he
decided to enlist in the Army as a 91K (Medical Laboratory Specialist) to
further his knowledge in clinical science and to obtain more experience in
the medical field.  After completing basic training, he was informed he
could submit documents with his college credits to obtain additional skill
identifier (ASI) P9 but the documents were misplaced or never processed.
He was assigned to the U. S. Army Institute of Environmental Medicine
(USAIREM) in June 2002, where he finally was assisted in obtaining his ASI.


3.  The applicant states he learned after he was assigned to USARIEM that
several Soldiers were accepted in the ACASP.  Prior to arriving at USARIEM
he had no knowledge of the ACASP or its role in accelerated promotion at
the time of his enlistment and he was never given the same opportunity as
other Soldiers who entered the Army under the program.  Had he been aware
of the program, he would not have signed the contract without the inclusion
of the ACASP.

4.  The applicant provides his college transcripts; a copy of orders
awarding him military occupational specialty (MOS) 91K; his DD Form 1966
(Record of Military Processing – Armed Forces of the United States); three
supporting statements from the Chief, Military Performance Division, the
Research Health Exercise Scientist, Military Performance Division, and the
USARIEM commander; a DA Form 1059 (Service School Academic Evaluation
Report); his Primary Leadership Development Course diploma; and his Medical
Laboratory Specialist Course diploma.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 2 February 2001 in pay
grade  E-4 for 6 years, the Loan Repayment Program, the Army College Fund,
and training in MOS 91K.  At the time of his enlistment he had a Bachelor
of Science degree in Biology.  He completed basic combat training and
advanced individual training and was awarded MOS 91K on 17 May 2002.  He
was assigned to USARIEM on 20 May 2002.  He was awarded ASI P9 on 12 June
2003.

2.  The supporting statement submitted by the Research Health Exercise
Scientist, Military Performance Division indicated the applicant was not
informed of the ACASP.  She stated many similarly qualified [USARIEM]
Soldiers have been recruited under this program.  She stated the applicant
had successfully completed both phases of the Medical Laboratory
Technologist (MLT) Course and had performed admirably since his assignment
to USARIEM.  She recommended considering awarding ACASP benefits to the
applicant.

3.  The supporting statement from the Chief, Military Performance Division
noted the strong letter of support the applicant received from the
Performance Physiology team leader (i.e., the Research Health Exercise
Scientist, Military Performance Division).  The Chief, Military Performance
Division stated that he would rate the applicant to be "very good" in the
performance of his tasks, but   not exceptional or outstanding.  The
applicant's relative lack of research opportunities was a limiting factor.
The lack of active protocols, especially in the area of biomechanics, has
limited the ability of the applicant to contribute.  The situation was
changing, and he believed the applicant would excel as he is given more
research opportunities.

4.  The USARIEM commander noted the Institute had conducted a national
search in the summer of 2001 to identify high-quality candidates to fill
several vacant Biological Science positions.  He stated the applicant was a
good fit for the Institute and highly prepared and motivated to be a part
of the research they do at USARIEM.  The commander believes the applicant
should have been brought into the Army under the ACASP.  The applicant
arrived 20 May 2002 and would have been eligible for accelerated promotion
under the ACASP 20 July 2002.

5.  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 the applicant did not meet the qualifications for
enlistment under the ACASP for MOS 91K20P9 prior to entry on active duty as
he was not MLT certified.

6.  A copy of the advisory opinion was provided to the applicant.  He did
not respond within the given time frame.

7.  Army Regulation 601-210 provides policy and guidance for implementing
the ACASP.  It states, in pertinent part, 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, 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.

8.  Army Regulation 601-210 further states 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.

9.  Army Regulation 601-210, paragraph 7-11 states 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.  One of the reasons the ACASP is offered is so Soldiers can immediately
contribute to the Army mission based upon civilian-acquired skills without
further training from the Army.  One of the eligibility requirements for
enlistment under the ACASP in MOS 91K20P9 is to be certified as an MLT
before entering the Army.  The applicant was not certified as an MLT until
after he arrived at USARIEM.  Further, the Chief, Military Performance
Division indicated his relative lack of research opportunities has been a
limiting factor for the applicant.

2.  More importantly, unlike previous USARIEM Soldiers to this Board who
requested enlistment under the ACASP but were not MLT-certified, there is
no evidence the applicant was specifically recruited for and told by
USARIEM recruiters he could enlist under the ACASP.  There is no evidence
the applicant relied, to his detriment, on promises he was qualified for
accelerated advancement to E-5 under the ACASP before he made the decision
to enlist.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mhm___  __jtm___  __jbg___  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.




            ___Melvin H. Meyer____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011017                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050816                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |112.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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