RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20060006752


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. William Crain                 |     |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, correction of his enlistment
contract to show he would be promoted to pay grade E-4 instead of E-3 in
accordance with Army Regulation 601-210.  He also requests that his
military records be corrected to show his date of rank for promotion to E-4
was effective 5 August 2005.

2.  The applicant states he enlisted in the Army under the Army Civilian
Acquired Skills Program (ACASP) as an E-3 and that he was promoted to E-4
under the ACASP effective 5 August 2005.

3.  The applicant provides a DA Form 4187 (Personnel Action), dated
28 February 2006; a memorandum for record, dated 1 December 2005, from his
first line supervisor; and numerous emails from the promotions clerk and
the Human Resources Command.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 15 September 2004 for a
period of 6 years.  He enlisted under the ACASP for training in military
occupational specialty (MOS) 91D (operating room specialist).

2.  The applicant's DD Form 4/3 (Enlistment/Reenlistment Document) shows he
was enlisted in pay grade E-3.  The applicant's Statement for
Enlistment/United States Army Enlistment Program, dated 15 September 2004,
states that he would be advanced to pay grade “E03” in accordance with Army
Regulation 601-210, provided that he received a recommendation from his
commander and completed the required proficiency training.

3.  A memorandum for record, dated 1 December 2005, from the applicant’s
first line supervisor recommended that the applicant be advanced to E-4.
He states the applicant met the orientation process requirements and was
more than ready for advancement to E-4.  He states the applicant was
assigned to his first duty station on 5 May 2005 and that after completing
the mandatory in processing and orientation he would have been eligible for
immediate promotion to E-4 on
5 August 2005.

4.  A DA Form 4187, dated 28 February 2006, shows the applicant was
promoted to E-4 under the ACASP with a date of rank and effective date of 5
August 2005.

5.  In the processing of this case, a staff advisory opinion was obtained
from the Chief, Recruiting Policy Branch, Office of the Deputy Chief of
Staff G-1.  The opinion states that if the applicant enlisted under the
ACASP for MOS 91D with an entry grade of E-3 and later appointment to E-4,
then accelerated promotion to E-4 was authorized upon completion of all
required training.  The opinion also states that accelerated promotion to E-
4 and the date of rank should coincide with the actual completion date 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.
That office recommended, in effect, administrative relief of the
applicant's request for his date of rank and effective date of promotion to
E-4 to coincide with the date he completed the proficiency training and the
commander recommended the promotion to E-4 (in this case 5 August 2005).

6.  The advisory opinion was provided to the applicant on 16 June 2006 for
comment or rebuttal.  The applicant did not respond within the given time
frame.

7.  Records at the Defense Finance and Accounting Service (DFAS) show the
applicant was paid as an E-4 effective 1 July 2006.

8.  Army Regulation 601-210 (Regular Army and Reserve Enlistment Program)
covers eligibility criteria, policies, and procedures for enlistment and
processing into the Regular Army and the U.S. Army Reserve.  Chapter 7 of
the version in effect at the time, paragraph 7-11, states that accelerated
promotion of persons enlisted under the ACASP 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 required by the
enlistment program selected. For Regular Army Soldiers, this includes 8
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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s enlistment contract shows he enlisted on 15 September
2004 under the ACASP in pay grade E-3 for MOS 91D.  His Statement for
Enlistment/United States Army Enlistment Program, dated 15 September 2004,
incorrectly shows he would be advanced to “E03” in accordance with Army
Regulation 601-210, provided that he received a recommendation from his
commander and completed the required proficiency training.  Therefore, it
would be equitable to amend his enlistment contract to show he would be
advanced to E-4 in accordance with Army Regulation 601-210, provided that
he received a recommendation from his commander and completed the required
proficiency training.

2.  Evidence of record shows the applicant received a recommendation from
his first line supervisor for advancement to E-4 and he completed the
required training on 5 August 2005.  Evidence of record also shows the
applicant was promoted to E-4 with a date of rank and effective date of 5
August 2005.  However, DFAS did not start paying the applicant as an E-4
until 1 July 2006.   Therefore, his records should be corrected to show he
was promoted to E-4 with a date of rank and effective date of promotion of
5 August 2005 and he should be paid any and all back pay and allowances.

BOARD VOTE:

WP____     MT_____  __WC____  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:

      a.  amending his Statement for Enlistment/United States Army
Enlistment Program, dated 15 September 2004, to show he would be advanced
to E-4 in accordance with Army Regulation 601-210, provided that he
received a recommendation from his commander and completed the required
proficiency training; and

      b.  showing he was promoted to E-4 with a date of rank and effective
date of 5 August 2005 and by paying him any and all due back pay and
allowances.



                                  __William Powers_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006752                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112.0000                                |
|2.                      |102.0700                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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