RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           19 January 2005
      DOCKET NUMBER:  AR2004105778


      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. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |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 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 Board
"precedent" case, and supporting statements from his supervisor and the
Research Physiologist at the USARIEM who recruited him.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 16 August 2001 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 Physical Education.  He
completed basic combat training and 91K training and was awarded MOS 91K on
6 December 2002.  He was assigned to USARIEM on 13 December 2002.  He was
awarded additional skill identifier (ASI) P9 on 23 March 2004.

2.  The supporting statement submitted by the applicant’s supervisor
indicates, in effect, that the applicant is academically qualified for the
position he was recruited for and, in his short tenure at USARIEM, he has
performed at a high level of productivity and has exceeded all their
expectations.  He recommended that the applicant’s request be approved.

3.  The supporting statement from the USARIEM Research Physiologist
indicates, in effect, that he recruited the applicant 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 commander, that the
applicant would be enlisted under the ACASP.  He recommended that the
applicant’s request be approved.

4.  On 23 November 2003, the applicant informed the Board analyst that he
did not have any medical laboratory technician (MLT) board certifications.

5.  On 13 January 2005, the applicant's O-6 commander recommended approval
of the applicant's request.

6.  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 approval of the applicant's request.
That office noted that the applicant possessed a Bachelor and Master of
Science Degree in Physical Education upon entry, which clearly qualified
him to be enlisted under the ACASP for MOS 91K20P9 during initial
enlistment, if appropriate steps had been taken during the process.  The
guidance counselor erred by failing to take the necessary action to
review/validate the applicant's credentials during his enlistment process.

7.  A copy of the advisory opinion was provided to the applicant.  He
concurred with the advisory opinion.

8.  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.

9.  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.

10.  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.

11.  Army Regulation 611-201 provides the criteria for award of enlisted
military occupational specialties.  It provides, in pertinent part, that in
order to qualify for award of MOS 91K (Biological Sciences Assistant),
individuals must meet the civilian acquired skills criteria listed in Army
Regulation 601-210, chapter 7.

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).  However,
through an administrative error, his contract failed to indicate that he
was recruited under that program and that he could qualify for accelerated
advancement to the pay grade of E-5 contingent on his commander’s approval.

2.  Notwithstanding the fact the applicant is not certified as an MLT, 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.   Accordingly, given the support of his chain of command, the supporting
evidence, and his commander's recommendation, it would be in the interest
of justice and equity to grant the applicant’s request as an exception to
policy by correcting his enlistment contract to show that he enlisted under
the ACASP and that he was authorized accelerated promotion to the pay grade
of E-5 effective 6 February 2003 (8 weeks after arrival at USARIEM), with
entitlement to all back pay and allowances.

BOARD VOTE:

__bpi___    _lcb____  _drt_______  GRANT 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 he enlisted on 16 August 2001 under the ACASP and that he was
authorized an accelerated promotion to the pay grade of E-5 effective 6
February 2003 with entitlement to all back pay and allowances.




            __Bernard P. Ingold______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004105778                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050119                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |112.00                                  |
|2.                      |131.09                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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