RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:              OCTOBER 28, 2004
      DOCKET NUMBER:        AR2004103309


      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. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. Marla J. N. Troup             |     |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 she be promoted from specialist four (E-4)
to sergeant (E-5), in accordance with Army Regulation (AR) 601-210, under
the Army Civilian Acquired Skills Program (ACASP); and that her promotion
be backdated to 8 November 2001.

2.  The applicant states that her date of rank and her effective date of
promotion are incorrect.  She states that from 8 November 2001 through 26
February 2003, she was not paid in the correct pay grade.

3.  The applicant provides in support of her application, a copy of a
personnel action (DA Form 4187) dated 13 March 2003; a copy of orders dated
26 February 2003, promoting her from the pay grade of E-4 to the pay grade
of E-5; a copy of a DA Form 4187 dated 17 November 2001; a copy of orders
dated 8 November 2001 awarding her a licensed practical nurse (91C)
military occupational specialty; a copy of a memorandum dated 8 November
2001, indicating that she completed ACASP training; a copy of orders dated
26 July 2001, pertaining to her ACASP training; a copy of DA Form 4187
dated 25 July 2001; a copy of her Certificate of Release or Discharge (DD
Form 214); a copy of her Statement of Understanding; and a copy of her
Record of Military Processing.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that she enlisted in the Army
Reserve for 8 years on 10 January 2001, in pay grade E-3.  She elected to
enlist in the 91C MOS, as reflected by her USAREC Form 1122.

2.  On 25 July 2001, the applicant submitted a DA Form 4187 requesting that
she be advanced to the pay grade of E-4, with an effective date and date of
rank of 25 July 2001, in accordance with AR 601-210, chapter 7, under the
ACASP.  The appropriate authority approved her request and she was promoted
accordingly.

3.  On 8 November 2001, the applicant successfully completed all clinical
areas of the ACASP training.  She was evaluated on her training and it was
noted that she demonstrated excellent clinical skills during the training.
On the same day, orders were published awarding her a 91C MOS.




4.  On 17 November 2001, the applicant’s commanding officer submitted a DA
Form 4187 requesting that she be promoted to the pay grade of E-5 under the
ACASP.  It appears that the request was never acted upon.

5.  On 26 February 2003, orders were published promoting the applicant from
the pay grade of E-4 to the pay grade of E-5 with an effective date and a
date of rank of 26 February 2003.

6.  The applicant’s commanding office submitted another DA Form 4187
requesting that her effective date of promotion and her date of rank be
adjusted to 8 November 2001 (the date that she was awarded the 91C MOS).

7.  In the processing of this case, a staff advisory opinion was obtained
from the Director, Health Service Personnel Management, United States Army
Human Resources Command, who opined that the applicant completed her 91C,
Licensed Practical Nurse training on 8 November 2001 and should have, at
that time been promoted to the rank of sergeant (E-5).  The director stated
that her determination is based on Army Regulation 601-210, chapter 7,
Regular Army and Army Reserve Civilian Acquired Skills Program and table 7-
1, Practical Nurse.  The director further stated that the applicant met all
of the requirements for promotion at the time that she was awarded her MOS
and the director recommended that her date of rank be backdated to 8
November 2001 and that she receive all pay and entitlements due from that
point until the present.  The director further recommended that the
applicant be enrolled in the next available Primary Leadership Development
Course (PLDC) to prepare her for responsibilities as a sergeant.

8.  On 11 May 2004, a copy of the advisory opinion was furnished to the
applicant for her information and possible rebuttal.  She concurred with
the advisory opinion on 17 May 2004.

9.  Army Regulation 601-210, chapter 7, provides policy and guidance for
the implementation of the ACASP.  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 held and demonstrated
duty performance.  Promotion to the accelerated grade and award of the MOS
authorized by the enlistment agreement will be made either with the
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.  Table 7-1 lists the skills and criteria authorized for
the ACASP, and states that to qualify for MOS 91C20 as a practical nurse
with later appointment to pay grade E-5 a soldier must have successfully
completed a State-approved course in practical, registered, or vocational
nursing; must have successfully passed the National Council of State Boards
of Nursing Licensure Examination and possess current state license as a
practical or vocational nurse; and must have completed a specified period
of proficiency training as a prerequisite for award of the MOS, and be able
to perform the duty requirements of the MOS before award of the MOS and
promotion to an accelerated pay grade.

10.  Army Regulation 600-8-19 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 under this
paragraph              [AR 600-8-19, paragraph 3-7].  The effective date
and date of rank will be the date all requirements are met.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s present commander and the ACASP proponent both aver
that the applicant met all the requirements for promotion to pay grade E-5
under the ACASP program and that she should have been promoted to sergeant
on the completion of her training.  There is no reason to doubt otherwise.

2.  The applicant completed proficiency training on 8 November 2001.  She
should have been promoted to sergeant E-5 on that date.

3.  Her commanding officer submitted the proper documentation on 17
November 2001, requesting that the applicant’s effective date and date of
rank for promotion to the pay grade of E-5 be adjusted to 8 November 2001.
However, through no fault of the applicant, the request was never acted
upon by the appropriate authority.

4.  Consequently, the applicant’s records should be corrected to show that
she was promoted to Sergeant, pay grade E-5 effective and with a date of
rank of      8 November 2001.  She should receive all due pay and
allowances in that grade effective on 8 November 2001.

5.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.


BOARD VOTE:

rjw _____  lf     _____  mt _____  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 that the individual concerned was promoted to Sergeant, pay grade E-
5 effective and with a date of rank of 8 November 2001, with entitlement to
all back pay and allowances that he would have received had she been
properly promoted on 8 November 2001.




                                  ____Raymond J. Wagner___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004103309                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041028                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  310  |131.0000.0000/PROMOTION                 |
|2.  319                 |131.0900.0000/ADVANCEMENT IN GRADE      |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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