RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 July 2006
      DOCKET NUMBER:  AR20060005184


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, promotion to the rank of
sergeant/pay grade E-5 in accordance with the Army Civilian Acquired Skills
Enlistment Program (ACASP) and based on his commanders' recommendations and
approval.

2.  The applicant states, in effect, that he has not been promoted as
provided for under the ACASP, as outlined in Army Regulation 601-210
(Regular Army and Army Reserve Enlistment Program).

3.  The applicant provides copies of his DD Form 4-Series
(Enlistment/Reenlist-ment Document - Armed Forces of the United States),
with a date of enlistment in the Army Reserve of 16 August 2003 and a date
of enlistment in the Regular Army of 8 April  2004; DD Form 1966-Series
(Record of Military Processing - Armed Forces of the United States), dated
16 August 2003 and 8 April 2004; Statement for Enlistment, U.S. Army
Enlistment Program, U.S. Army Delayed Enlistment Program, dated 16 August
2003; RA Applicant Data Report, dated
30 August 2005; DA Form 3286-68 (Statement for Enlistment, U.S. Army/Army
Reserve Civilian Acquired Skills Enlistment Program), dated 16 August 2003;
Arizona State University transcripts, dated 25 August 2003; Headquarters,
Company B, Brigade Troops Battalion, 1st Heavy Brigade Combat Team,
2nd Infantry Division, memorandum, dated 10 March 2005, subject:  Request
for Promotion of Specialist P___ to Sergeant; Memorandum for Record, dated
5 August 2005, subject:  ACASP 98X, P___, J__ H.; and Headquarters, Company
A, 1st Brigade Troops Battalion, 1st Heavy Brigade Combat Team,
2nd Infantry Division, memorandum, dated 22 November 2005, subject:
Request for Promotion of Corporal P___ to Sergeant.

CONSIDERATION OF EVIDENCE:

1.  The applicant's enlistment contract (DD Form 4-Series) shows that on
16 August 2003 he enlisted in the United States Army Reserve (USAR) for a
period of 8 years in pay grade E-3.  This document also shows that on 8
April 2004 he requested discharge from the USAR to enlist in the Regular
Army (RA) for a period of 5 years in pay grade E-4.

2.  The applicant’s military service records contain a copy of DA Form 3286-
68 (Statement for Enlistment, ACASP), dated 16 August 2003, which shows
that the applicant will be advanced to pay grade E-5 in accordance with
Army Regulation 601-210 upon demonstration of his proficiency, skill, and
conduct, and receiving a recommendation for promotion from his commander.

3.  The applicant's military service records show that he successfully
completed basic combat training and was granted the military occupational
specialty of 98G1LKP (Voice Interceptor, Korean Linguist).

4.  The applicant's military service records contain no evidence of any
disciplinary action nor other negative factor, or any indication that the
applicant’s commander initiated any action to deny or defer his ACASP
promotion.

5.  On 10 March 2005, the applicant’s company commander submitted a
memorandum recommending the applicant be promoted from the rank of
specialist/pay grade E-4 to the rank of sergeant/pay grade E-5, in MOS
98G2LKP, with a date of rank of 1 February 2005.  In this recommendation
the company commander confirms that the applicant successfully completed
the required training and performed his duties for over eight weeks.

6.  On 22 November 2005, the applicant’s company commander submitted a
memorandum recommending the applicant be promoted from the rank of
corporal/pay grade E-4 to the rank of sergeant/pay grade E-5, in MOS
98G2LKP, with a date of rank of 1 February 2005.  In this recommendation
the company commander confirms that the applicant successfully completed
the required training and performed his duties for over eight weeks.  In
addition, this memorandum contains the lieutenant colonel, battalion
commander's approval of the recommendation for promotion.

7.  In support of his application, the applicant provides a copy of his
enlistment contract and allied papers, a memorandum for record, and two
memoranda recommending him for promotion to the rank of sergeant.  The
applicant's enlistment contact with allied papers and the memorandum for
record show, in pertinent part, that the applicant enlisted for the ACASP
with accelerated promotion to the rank of sergeant/pay grade E-5 upon
completion of eight weeks of successful duty performance at his first
permanent duty station and the recommendation of his commander.  The
memoranda from his unit commander show that the applicant was recommended
for promotion to sergeant/pay grade E-5 in MOS 98G2LKP, with a date of rank
of 1 February 2005.

8.  In 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
(DCS, G-1).  It states that, upon review, it was determined that if the
applicant entered the Army under the ACASP for MOS 98G, then accelerated
promotion to pay grade E-5 is authorized upon completion of all required
training, eight weeks proficiency training after arrival at the first duty
station, and approval of the unit commander.  The advisory opinion adds
that the accelerated promotion to pay grade E-5 and date of rank should
coincide with the actual completion of the eight weeks of proficiency
training at the first duty station, unless the unit commander takes action
to deny or defer the accelerated grade.  The advisory opinion is based on
regulatory guidance outlined in Army Regulation 601-210 (dated 28 February
1995, which was in effect at the time of the applicant's enlistment),
Chapter 7 (RA and AR ACASP), paragraph 7-11 (Award of MOS, accelerated
promotion, and adjustment of basic enlisted service date), as well as a
review of the applicant's DD Form 149 and source documents.  Based on the
review and the regulatory guidance in effect at the time of the applicant's
enlistment, the DCS, G-1 advisory official recommends that the applicant be
granted administrative relief in this case and his pay grade be changed to
E-5, effective and with a date of rank of 1 February 2005.

9.  On 10 May 2006, a copy of the advisory opinion was furnished to the
applicant in order for him to have the opportunity to respond to its
contents.  To date, a response has not been received from the applicant.

10.  Army Regulation 601-210, chapter 7, provides policy and guidance for
implementing the ACASP.  Subparagraph 7-10b states that persons who meet
the training and work experience requirements, as set forth in Table 7-1,
may be enlisted in pay grade E-4.  Upon completion of basic training, and
other training as appropriate, the member may be promoted to the
accelerated grade authorized in their enlistment agreement.

11.  Army Regulation 601-210, subparagraph 7-11a, states that promotion to
the accelerated grade and award of the MOS authorized in the enlistment
agreement will be made after successful completion of all training required
in the enlistment program selected in Table 7-2 or Table 7-3.  For RA
members this includes eight 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.

12.  Army Regulation 601-210, subparagraph 7-11b, states that a commander,
having promotion authority, may deny or defer promotion if the member does
not demonstrate proper conduct or fails to demonstrate minimum required
levels of performance.  If the commander seeks to deny or defer the
promotion, they must notify the applicant in writing of the reasons for the
denial or deferment and counsel them on the reasons for the deferment or
denial.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he should be promoted to the
rank of sergeant in accordance with the provisions of the ACASP, which was
part of his enlistment contract, and based on his commanders’
recommendations.

2.  The evidence of record shows that the applicant enlisted in the RA in
pay grade E-4 under the ACASP with a guarantee that he would be promoted to
pay grade E-5 upon demonstration of his proficiency, skill, and conduct at
his first permanent duty station.

3.  There is no evidence of record or any factor that would disqualify the
applicant from receiving his enlistment guarantees, nor is there any
indication that his commander initiated any action to deny or defer the
applicant’s promotion.

4.  The evidence of record shows that the applicant’s company commander
recommended the applicant be promoted to the rank of sergeant/pay grade E-
5, in MOS 98G2LKP, with a date of rank of 1 February 2005, based upon eight
weeks of successful performance in his MOS at his first permanent duty
station.  However, it appears that the applicant’s ACASP enlistment
agreement has been overlooked because the applicant was not promoted and
failure to correct this error creates an injustice.  Therefore, based on
the recommendation for promotion as requested by his unit commander, the
applicant should be promoted to the rank of sergeant/pay grade E-5, in MOS
98G2LKP, effective and with a date of rank of 1 February 2005.

BOARD VOTE:

__JTM___  __JCR__  __EEM__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 the applicant was promoted to the rank of sergeant/pay
grade E-5, in MOS 98G2LKP, effective and with a date of rank of 1 February
2005; and

2.  As a result of this correction, the Defense Finance and Accounting
Service shall be notified of the Board's determination and remit payment to
the applicant of all back pay (i.e., pay and allowances, less any
withholdings and/or deductions) due as a result of this correction.




                                         _John T. Meixell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005184                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060727                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |112.0200.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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