RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 MARCH 2007
      DOCKET NUMBER:  AR20060007079


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |                                  |     |Analyst              |


      The following members, a quorum, were present:

|     |                                  |     |Chairperson          |
|     |                                  |     |Member               |
|     |                                  |     |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 her records be corrected by showing she was
promoted to the pay grade of E-5.

2.  The applicant states that she enlisted under the Advance Civilian
Acquired Skills Program (ACASP), and was authorized to be promoted to the
pay grade of E-5 after her 90 day evaluation.  However, her chain of
command withheld her promotion for no reason.

3.  The applicant further states that her command wanted her to hold a
secret clearance before promoting her to SGT/E-5.

4.  The applicant provides a copy of her statement for enlistment, a
performance task sheet, a firing scorecard, Army Physical Fitness Test
Scorecards, body fat content worksheet, language proficiency questionnaire,
proficiency pay orders, identification cards, certificate of training for
completion of 40 Hours of Combat Lifesaver Course in December 2005, and a
certificate of training for completion of the Apprentice Romance
Cryptologic Linguist Specialist (Spanish) Course on
9 June 2005, in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant initially enlisted in the U.S. Army Reserve on 9 January
2004, for a period of 8 years, in pay grade E-3.  She requested discharge
from the Delayed Entry Program and enlisted in the Regular Army on 23
September 2004, for a period of 5 years.

2.  Prior to the applicant enlisting in the Regular Army she renegotiated
her enlistment contract on 2 April 2004, for enlistment under the Army
Civilian Acquired Skills Program (ACASP) for military occupational
specialty (MOS) 98G.

3.  In the processing of this case an Advisory Opinion was obtained from
the Office of the Deputy Chief of Staff, G-1, Chief, Recruiting Policy
Branch, which opined that if the applicant enlisted under the ACASP for MOS
98G, with entry grade of E-3, she should have been accelerated to pay grade
E-5 upon completion of all required training, 8 weeks of proficiency
training after arrival at the first duty station and approval by the unit
commander.  The date of rank to
E-5 should coincide with the actual completion date of the 8 weeks
proficiency training unless the unit commander takes action to deny or
defer the accelerated


promotion.  The opinion recommended administrative relief for the applicant
which was based on regulatory guidance in Army Regulation 601-210, Chapter
7, paragraph 7-11 (28 February 1995), as well as the review of the
applicant's DD Form 149, and other source documents.  A copy of the
advisory opinion was provided to the applicant, and she concurred with the
recommendation.

4.  Department of the Army Pamphlet 611-21 (Military Occupational
Classification and Structure) provides, in pertinent part, that a Soldier
must posses a Top Secret security clearance with Sensitive Compartmented
Information (SCI) to qualify for MOS 98G.  The applicant's security
investigation was completed on
3 August 2006.

5.  Army Regulation 600-8-19 (Enlisted Promotions) provides, in pertinent
part, that commanders may defer or deny accelerated advancement or
promotion for lack of skill, failure to demonstrate the minimum required
level of performance in the MOS or Soldier Skills, or misconduct.

DISCUSSION AND CONCLUSIONS:

1.  The applicant acknowledges in her application that her chain of command
had not recommenced her promotion, which was a prerequisite to her being
promoted.  The applicant's commander had the authority to withhold her
promotion if it was felt that she lacked the skill or level of performance
for promotion.

2.  The applicant's claim that her commander withheld her promotion for no
reason, is without merit.  The applicant was not considered MOS qualified
and eligible for promotion until completion of the required security
clearance.  The fact that the applicant's security investigation was not
completed until August 2006, was in all probability the reason for the
delay of her promotion.

3.  Not withstanding the advisory opinion, the applicant was not MOS
qualified, nor is there evidence that she had been recommended for
promotion by her commander prior to her promotion on 27 November 2006.

4.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___KN  __  ___DH__  ___LD  __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented does not demonstrate the
existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.



                                  ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007079                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070320                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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