RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           26 October 2005
      DOCKET NUMBER:  AR20050002211


      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             |
|     |MR. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James V. Vick                 |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Linda M. Barker               |     |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 specialist/E-4 (SPC/E-4)
promotion effective date and date of rank be changed from 6 June 2004 to 6
May 2003, and that he receive all back pay and allowances due as a result.


2.  The applicant states, in effect, he enlisted in the Army under the Army
Civilian Acquired Skills Program (ACASP), which stated he would be promoted
to SPC/E-4 after eight weeks at his first duty station.  He claims that the
chain of command committed several administrative errors in processing his
promotion recommendation, and his attempts to resolve this issue locally
have failed.

3.  The applicant provides the following documents in support of his
application:  Enlisted Records Brief (ERB); Defense Language Proficiency
Test (DLPT); Statement of Enlistment-ACASP (DA Form 3286-68); Personnel
Action (DA Form 4187); and Military Occupational Specialty (MOS) 97E Course
Diploma.

CONSIDERATION OF EVIDENCE:

1.  As of the date of his application to the Board, the applicant was
serving on active duty as a SPC/E-4.

2.  The applicant’s enlistment contract (DD Form 4) confirms that he
enlisted in the Regular Army and entered active duty on 6 June 2002, in the
rank and pay grade of private first class/E-3 (PFC/E-3).

3.  A Statement for Enlistment (DA Form 3286-68) included with the
enlistment contract verifies that he was enlisting for the ACASP in
military occupational specialty (MOS) 97E (Human Intelligence Collector),
and that he would be advanced to the pay grade of E-3 in accordance with
Army Regulation 601-210 provided he received a recommendation from his unit
commander.

4.  A United States Army Intelligence School Diploma confirms the applicant
completed the Human Intelligence Collector Course (MOS 97E) on 13 February
2003.

5.  On 13 May 2003, the applicant’s unit commander completed a DA Form 4187
recommending the applicant be promoted to sergeant/E-5 (SGT/E-5) on 6 May
2003 under the provisions of the ACASP.

6.  In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Recruiting Policy Branch, Office of the Deputy
Chief of Staff G-1.  This Department of the Army (DA) recruiting official
confirms the regulatory policy in effect at the time of the applicant’s
enlistment authorized the applicant’s accelerated promotion to SPC/E-4 upon
the actual completion date of his eight weeks of proficiency training at
his first duty station.  This official recommends the applicant be provided
relief and promoted to SPC based on the regulatory guidance in effect at
the time of his enlistment.  On 19 October 2005, the applicant concurred
with the G-1 advisory opinion.

7.  Army Regulation 601-210 prescribes the Army’s enlistment policy.
Chapter 7, Section I, provides policy and guidance for implementing the
ACASP.  It states, in pertinent part, that promotion to the accelerated
grade and award of the MOS authorized by the enlistment agreement 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.  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.  The applicant’s claim that his promotion effective date and date of
rank to SPC/E-4 should be corrected was carefully considered and found to
have merit.

2.  The evidence of record confirms the applicant enlisted under the
provisions of the ACASP.  It further shows that although the Statement of
Enlistment erroneously shows the grade E-3, the regulation in effect at the
time authorized his accelerated promotion to the grade E-4 upon his
completion of eight weeks proficiency training at his first duty
assignment.

3.  The record further confirms the applicant completed his 97E training on

13 February 2003, and was subsequently assigned to his first duty station
in Korea.  On 13 May 2003, the applicant’s unit commander in Korea
recommended his accelerated promotion under the ACASP, effective 6 May
2003; however, he erroneously recommended he be promoted to the grade E-5.


4.  In accordance with the terms of the applicant’s enlistment contract,
and the regulation in effect at the time of his enlistment, it would be
appropriate to correct his record to show his ACASP enlistment authorized
his accelerated promotion to SPC/E-4 and that his promotion effective date
and date of rank to SPC/E-4 was
6 May 2003, as recommended by his unit commander.  Further, it would be
appropriate to provide him all back pay and allowances due as a result.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JEV__  ___CVM_  __LMB__  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 his ACASP enlistment authorized his accelerated promotion to
specialist/E-4, and that he was promoted to that rank and pay grade with an
effective date and date of rank of 6 May 2003; and by providing him all
back pay and allowances due as a result of these corrections.




            ____James E. Vick_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002211                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/26                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  21   |102.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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