RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 October 2006
      DOCKET NUMBER:  AR20060011053


      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 P. Infante               |     |Chairperson          |
|     |Mr. Gerald J. Purcell             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 he be advanced to E-5 under the
Army Civilian Acquired Skills Program (ACASP).

2.  The applicant states he was qualified for the program, and the Military
Entrance Processing Station (MEPS) should have written his contract to
reflect his participation in the ACASP as a Vietnamese linguist in military
occupational specialty (MOS) 98X.  The counselor should have added the DA
Form 3286-68 (Statement for Enlistment U. S. Army/Army Reserve Civilian
Acquired Skills Enlistment Program) annex to his enlistment packet.

3.  The applicant provides a memorandum for record dated 28 October 2003
and his enlistment contract.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 12 February 2002, in pay
grade E-3, for training in career management field 98X10, Crypto Linguist-
Analyst.

2.  In a memorandum for record dated 28 October 2003, the Senior Language
Advocate, [U. S. Army Recruiting Command], stated the applicant entered the
linguist ACASP at the time of his enlistment.  The Military Police/Military
Intelligence Language Branch was notified that he was a 98X Vietnamese
linguist on 19 February 2002.  He was qualified for the program and the
MEPS should have added a DA Form 3286-68 as an annex to his enlistment
contract.

3.  The applicant was assigned to the 115th Military Intelligence Company
on     18 July 2002.  He was promoted to Specialist, E-4 on 15 July 2004.
He was reassigned to the Joint Prisoner of War/Missing in Action Accounting
Command on 20 October 2004.  In July 2006, he was awarded the Army Good
Conduct Medal for the period 19 February 2002 to 18 February 2005 for
exemplary behavior, efficiency, and fidelity in active Federal service.

4.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program), paragraph 7-11 in effect at the time, stated that accelerated
promotion of persons enlisted under the ACASP would 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 would
be awarded to qualified Soldiers without regard to time in grade, time in
service, or promotion allocation.

5.  In the processing of this case, an advisory opinion was obtained from
the Recruiting Policy Branch, Office of the Deputy Chief of Staff, G-1.
That office noted that data provided by the U. S. Army Recruiting Command
indicated a guidance counselor error was made during the applicant’s
enlistment process.  He should have had the ACASP reflected in the annexes
of his enlistment contract.  That office stated training personnel verified
that the applicant received no training from the Defense Language Institute
because of the acquired skill in which he is currently serving.

6.  The advisory opinion recommended that the applicant’s date of rank and
effective of promotion to pay grade E-5 should coincide with the date he
completed the proficiency training and the commander recommended the
promotion to E-5.  It noted that, since there was an error in this case and
no recommendation from his commander exists, that the eighth week after he
arrived at his first permanent duty station be used to determine the
effective date and date of rank for promotion to E-5.

7.  A copy of the advisory opinion was provided to the applicant for
comment.  On 19 September 2006, he concurred with the advisory opinion.

DISCUSSION AND CONCLUSIONS:

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

2.  The U. S. Army Recruiting Command confirmed that the applicant was
identified and accepted for the ACASP in MOS 98X as a Vietnamese linguist
in February 2002.  However, when he enlisted in the Regular Army on 12
February 2002, in pay grade E-3, a DA Form 3286-68 was not prepared due to
guidance counselor error.

3.  As a result of the failure to prepare the DA Form 3286-68, the
applicant could not receive an accelerated promotion to pay grade E-5 on 13
September 2002. This would have been after he had been at his first duty
assignment for 8 weeks and the date his company commander could have
promoted him had his records been correct.

4.  As the applicant was promoted to Specialist, E-4 while at his first
duty assignment, and he was awarded the Army Good Conduct Medal for a
period that included his first duty assignment, it is reasonable to presume
that his company commander at that time would have recommended him for
accelerated promotion to E-5 under the ACASP and it would be equitable to
correct his records to show that he was so promoted.

BOARD VOTE:

__jpi___  __gjp___  __ksj___  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.   showing that a DA Form 3286-68 was prepared when he enlisted in
the Regular Army;

     b.  showing that he was recommended for accelerated promotion to E-5
to be effective 13 September 2002 and that the promotion recommendation was
processed in a timely manner; and

     c.  promoting him to E-5 with a date of rank and effective date of
                13 September 2002 and paying him all due back pay and
allowances.




                                  __John P. Infante_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060011053                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061012                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |112.00                                  |
|2.                      |131.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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