RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 December 2005
      DOCKET NUMBER:  AR20050005981


      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 C. Hise                 |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 sergeant/E-5 (SGT/E-5)
promotion effective date and date of rank be corrected.

2.  The applicant states, in effect, he successfully completed the 8 weeks
of proficiency training required for promotion to SGT/E-5 on 30 July 2003
and should have been promoted on that date under the terms of his Army
Civilian Acquired Skills Program (ACASP) enlistment.  He claims his
promotion did not take place because the promotion packet was not submitted
on time.

3.  The applicant provides his enlistment contract and Memorandums of
Support from his company and battalion commanders in support of his
application.

CONSIDERATION OF EVIDENCE:

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

2.  The applicant’s enlistment contract (DD Form 4) confirms he enlisted in
the Regular Army and entered active duty on 28 February 2002, in the rank
of SPC/E-4.  A Statement for Enlistment (DA Form 3286-68) included with the
enlistment contract verifies he enlisted for the ACASP in military
occupational specialty (MOS) 98G (Electronic Warfare Signal Intelligence
Analyst (Russian Linguist)), and that he would be advanced to the pay grade
of E-5 in accordance with Army Regulation 601-210 provided he received a
recommendation from his unit commander.

3.  On 5 October 2004, the applicant’s battalion commander prepared a
memorandum certifying that the applicant met all the criteria for
advancement under the ACASP.

4.  On 19 October 2004, the applicant’s company commander prepared a
memorandum recommending the applicant for promotion to SGT/E-5.  He stated
that the applicant met all the criteria for advancement under the ACASP.
The unit commander further stated that the applicant had shown the
potential to fulfill the requirements of the grade he is to be advanced to.
 The unit commander recommended a promotion effective date and date of rank
of 30 July 2003.

5.  In connection with the processing of this case, an advisory opinion was
obtained from the Senior Army Recruiting Policy and Programs Manager,
Recruiting Policy Branch, Office of the Deputy Chief of Staff G-1.  This
Department of the Army (DA) recruiting official confirmed the applicant
enlisted under the ACASP and was entitled to promotion to SGT/E-5 after
completion of all training and eight weeks of proficiency training after
arrival at his first duty station.  He further confirmed that absent a unit
commander action to deny or defer the accelerated promotion, the
applicant’s SGT/E-5 promotion effective date and date of rank should have
coincided with his actual completion of eight weeks of proficiency training
at his first duty station.  This official recommended administrative relief
be provided in the applicant’s case and that he be promoted to SGT/E-5,
effective and with a date of rank of 30 July 2003.

6.  On 29 April 2005, the applicant was provided a copy of the G-1 advisory
opinion in order to have the opportunity to reply to its contents.  To
date, he has failed to respond.

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 he should be promoted to SGT/E-5 effective
and with a date of rank of 30 July 2003 was carefully considered and found
to have merit.

2.  The evidence of record confirms that the applicant enlisted under the
provisions of the ACASP and that the terms of his enlistment authorized his
accelerated promotion to SGT/E-5 upon completion of all required training
and certification of proficiency after eight weeks at her first duty
station.

3.  The record further confirms that his battalion and company commanders
certified that he satisfactorily completed the necessary proficiency
training and should have been promoted to SGT/E-5 on 30 July 2003.
Therefore, absent a formal action to deny or defer his accelerated
promotion by his commander, it would be appropriate to grant the requested
relief.

4.  In accordance with the terms of the applicant’s enlistment contract, it
would be appropriate to correct his record to show he was promoted to SGT/E-
5, effective and with a date of rank of 30 July 2003, and to provide him
all back pay and allowances due as a result.

BOARD VOTE:

___JCH _  __REB __  ___JRM_  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 he was promoted to sergeant/E-5, effective and with a date of rank
of
30 July 2003; and by providing him all back pay and allowances due as a
result.




            ____James C. Hise______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050005981                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/12/20                              |
|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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