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ARMY | BCMR | CY2005 | 20050009213C070206
Original file (20050009213C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 October 2005
      DOCKET NUMBER:  AR20050009213


      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. John T. Meixell               |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |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 that he be advanced in accordance with the Army
Civilian Acquired Skills Program (ACASP).

2.  The applicant states he was told upon his enlistment there were no
incentives for his being a State and Nationally registered emergency
medical technician basic (EMT-B).  While he was in basic training, he
received a telephone call telling him he was supposed to have been advanced
to pay grade E-3 after basic training and to pay grade E-4 after he
graduated from advanced individual training.  He was supposed to have
enlisted for the ACASP.

3.  The applicant provides a copy of his military identification card; a
general power of attorney; a memorandum for record dated 24 September 2003;
an undated letter from The National Registry of Emergency Medical
Technicians; a certificate of registry as an EMT-B dated 22 January 2003;
an undated letter of congratulations; a copy of his EMT-B certification
card; a regimental affiliation certificate; a basic combat training course
diploma; a Health Care Specialist course diploma; his deployment orders; a
unit accountability report; a U. S. Army Recruiting Command Reservation
Sheet; his enlistment contract; and his DA Form 2-1 (Personnel
Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant completed EMT-B training on 22 January 2003.  The State
of Arizona provided him an EMT-B certification card on or about 18 February
2003.

2.  On 30 April 2003, the applicant enlisted in the Delayed Entry Program.
He enlisted in the Regular Army on 11 June 2003, in pay grade E-1, for
training in military occupational specialty (MOS) 91W.  He completed basic
combat training and advanced individual training and was awarded MOS 91W
(Health Care Specialist).  He was assigned to the 26th Forward Support
Battalion, Fort Stewart, GA on 21 November 2003.

3.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program), chapter 7 provides 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.

4.  In 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.  That office noted the
applicant was qualified as an EMT-B upon enlistment into the Army and could
have been enlisted under the ACASP for MOS 91W.  The entry grade for MOS
91W under the ACASP is E-4.  There is no later appointment to an
accelerated grade after completion of proficiency training after arrival at
the first duty station.  That office recommended the applicant's enlistment
rank and date of rank be changed to    E-4 effective the date he enlisted
in the Regular Army.

5.  A copy of the advisory opinion was provided to the applicant for
comment.  He concurred with the advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record in this case shows a Government error occurred.


2.  The applicant was eligible for the ACASP in MOS 91W at the time of his
June 2003 enlistment and could have enlisted in pay grade E-4 (no further
accelerated advancement is authorized for this MOS under the program).
However, when he enlisted the proper documents were not prepared.

3.  It would be equitable to correct the applicant's records to show he
enlisted in the Regular Army on 11 June 2003 in pay grade E-4 under the
ACASP program and to pay him any and all back due pay and allowances as a
result of this correction.

BOARD VOTE:

__jtm___  __jbg___  __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 enlisted in the Regular Army on 11 June 2003 in pay grade E-4
under the ACASP program and by paying him any and all back due pay and
allowances as a result of this correction.




                                  __John T. Meixell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009213                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051020                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |112.02                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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