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ARMY | BCMR | CY2005 | 20050005980C070206
Original file (20050005980C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 NOVEMBER 2005
      DOCKET NUMBER:  AR20050005980


      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. Rene' R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Diane Armstrong               |     |Member               |
|     |Ms. Delia 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 date of rank to E-5 be corrected in
accordance with the provisions of Army Regulation 601-210, Army Civilian
Acquired Skills Program (ACASP).

2.  The applicant states that he was unable to submit his application for
promotion to E-5 within the 6-month time frame due to a pending approval of
his top secret clearance and the fact that he was unaware of the
requirement.

3.  The applicant provides a copy of his enlistment document (DD Form 4
series), DD Form 1966 series (Record of Military Processing), a copy of DA
Form 3286-63 (Statement for Enlistment), a copy of DA Form 3286-68
(Statement for Enlistment – Civilian Acquired Skills Enlistment Program),
DA Form 4187 (Personnel Action), and a recommendation for promotion from
his commander.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he enlisted in the Regular Army in the pay
grade of E-4 on 19 June 2002 for a period of 5 years.  He was promoted to E-
5 on 16 January 2004.

2.  His military processing documents and statement of enlistment shows
that he understood that his civilian acquired skills as a Laotian linguist
military occupation specialty (MOS) 98G1LLC would be recognized upon
enlistment.  He also understood that he would be promoted to E-5 upon
completion and evaluation of his training.

3.  On 19 June 2002, the applicant signed his enlistment statement under
the ACASP.  He acknowledged that he would be advanced to pay grade E-5 in
accordance with AR 601-210, providing that he received a recommendation
from his commander.  The applicant also acknowledged that the promotion was
not automatic but dependent upon his demonstration of proficiency, skill
and conduct.

4.  The applicant's commander recommended him for promotion to pay grade
E-5.  The commander verified that the applicant met all the requirements in
MOS 98G, Laotian linguist, for promotion to SGT/E-5 in accordance with AR
601-210 under the ACASP.

5.  The commander verified a request for an ACASP promotion on the
applicant. He stated that the applicant arrived at Fort Gordon, Georgia on
5 May 2003 and completed his evaluation period on 5 July 2003.

6.  In the processing of this case, an advisory opinion was obtained from
the Senior Army Recruiting Policy and Programs Manager, Recruiting Policy
Branch. That office stated that they recommend administrative relief.  The
applicant should be promoted to E-5 and his effective date of promotion and
date of rank should coincide with the date the Soldier completed
proficiency training and the commander recommended the promotion.
Therefore, the Recruiting Policy Branch recommended acceleration to pay
grade E-5 effective 5 July 2003, the date the proficiency training at the
first duty station was completed.

7.  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.

DISCUSSION AND CONCLUSIONS:

1.  The commander verified that the applicant completed his evaluation
period on 5 July 2003.  He also verified that the applicant met all
requirements in MOS 98G, Laotian linguist, and recommended him for
promotion to pay grade E-5.

2.  The Recruiting Policy Branch recommended acceleration to pay grade E-5
effective 5 July 2003.

3.  In view of the foregoing, the applicant’s records should be corrected
to show promotion to Sergeant E-5 effective and with a date of rank of 5
July 2003.  He should receive all pay and allowances in that pay grade
effective on 5 July 2003.

BOARD VOTE:

__SK ___  __DA ___  __DT____  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 his date of rank and effective date of promotion as 5 July 2003,
with entitlement to appropriate back pay and allowances.






                                  _____ Stanley Kelley_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005980                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051108                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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