IN THE CASE OF:	  

		BOARD DATE:	  25 September 2008

		DOCKET NUMBER:  AR20080012184 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, adjustment to her promotion effective date and date of rank for sergeant (SGT), pay grade E-5, with entitlement to back pay and allowances.

2.  The applicant states, in effect, that her date of rank for sergeant should be in 1 July 2004, the date she completed her proficiency and was awarded her military occupational specialty (MOS).  She also states that she enlisted in the Army under the Army Civilian Acquired Skills Program (ACASP) on 18 November 2003.  The program qualified non-prior service members with critical skills needed by the Army, to be granted an accelerated promotion when they enlisted for certain military MOSs, met all the requirements for that MOS, and demonstrated proficiency to their training command.  The applicant signed into her first duty station, the 314th Military Intelligence (MI) Battalion (BN), on 1 July 2004.  Upon her arrival she met all the requirements in accordance with Army Regulation 601-210.  She demonstrated proficiency and good conduct in the execution of all her Soldierly tasks and duties.  The applicant further states that through no fault of her own, she had not yet obtained a “Top Secret” level security clearance; however, she did have an interim “Secret” level clearance.  She was advised that she did not hold a high enough level of clearance to perform her job function; therefore, she was unable to get her 8 weeks of needed proficiency training in accordance with the 314th MI BN Standard Operations Procedures.  In the process of waiting for her “Top Secret” clearance to be finalized, she performed other duties.  All of these duties were traditionally held by non-commissioned officers (E-5 and above).  She also states, in effect, her clearance was adjudicated in June 2005 and she was promoted to sergeant with a date of rank of 1 August 2005.  She consistently performed in positions above her rank of private first class, pay grade E-3, while awaiting the adjudication of her clearance and the awarding of her promotion.  It was through no fault of her own that she was not granted a “Top Secret” security clearance.

3.  In support of her application, the applicant provides 12 copies of her of various award certificates, a copy of an article naming her Linguist of the Year, 14 copies of her developmental counseling Forms, 10 copies of her Army Physical Fitness Test Scorecards, 4 copies of her Language Proficiency Questionnaire and copies of orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show she enlisted in the Regular Army, in pay grade E-3, effective 18 November 2003.  At the time of her enlistment, her civilian acquired skill as a 98G, Crypto Linguist Analyst (Linguist Spanish), afforded her advancement to pay E-5 in accordance with Army Regulation 
601-210, provided she received a recommendation from her commander.  The promotion was automatic but depended upon her demonstration of proficiency, skill, and conduct.

2.  The applicant completed training and was awarded primary MOS 98G effective 1 July 2004.  She was assigned to the 314th MI BN, effective 17 July 2004.

3.  The applicant was issued Orders Number 241-601, dated 29 August 2005, authorizing her promotion from pay grade E-3 to E-5 with a promotion effective date and date of rank of 1 August 2005.

4.  In an advisory opinion, dated 14 August 2008, the Chief, Recruiting Policy Branch, Office of the Deputy Chief of Staff, G1, stated that if the applicant enlisted under the ACASP for MOS 98G, with entry grade of E-3 and later appointment to SGT/E-5, the following action should occur; accelerated promotion to E-5 is authorized upon completion of all required training (where applicable), 8 weeks of proficiency training after arrival at the first duty station, and approval by the unit commander.  Accelerated promotion to E-5 and date of rank should coincide with the actual completion date of the 8 weeks of proficiency training at the first duty station, unless the unit commander takes action to deny or defer the accelerated grade.  The Soldier must be advised, in writing by the commander, of the reason for denying or deferring the accelerated promotion.  This opinion was based on regulatory guidance outlined in Army Regulation 601-210, Chapter 7, paragraph 7-11 (28 February 1995).

5.  The Recruiting Policy Branch official recommended administrative relief for the applicant.  The recommendation is based on regulatory guidance cited above and the statement that the Soldier performed proficiency training, but was not authorized the advancement to E-5 because the security clearance level had not been adjudicated – which was beyond the Soldier’s control.  The applicant’s promotion effective date and date of rank to E-5 should coincide with the date the Soldier would have completed her proficiency training and the date the commander recommended the promotion to E-5.  In this case, the Recruiting Policy Branch official recommended the applicant’s promotion effective date and date of rank be 15 September 2004, approximately 10 weeks after arrival to her first duty station.

6.  The advisory opinion was forwarded to the applicant for acknowledgement and/or rebuttal on 14 August 2008 and she concurred on 20 August 2008.  

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to correction to her promotion effective date and date of rank for pay grade E-5 to 15 September 2004, with entitlement to back pay and allowances based on this adjustment.

2.  The evidence of record shows that the applicant enlisted in the Regular Army, in pay grade E-3, effective 18 November 2003.  In accordance with regulatory guidance she was eligible for accelerated promotion to pay grade E-5 upon completion of all required training, 8 weeks of proficiency training after her arrival at the first duty station, and approval by the unit commander.  The applicant completed the required training effective 1 July 2004 and reported to her first duty stated effective 17 July 2004.  She was promoted to pay grade E-5 effective 1 August 2005.  

3.  Through no fault of the applicant, she was not promoted to pay grade E-5 in accordance with regulatory guidance.  Therefore, it is concluded that based on a matter of equity, and favorable consideration expressed by the Recruiting Policy Branch, Office of the Deputy Chief of Staff, G1, the applicant should be granted relief as recommended.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ____X___  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 partial 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 sergeant, pay grade E-5, with an effective date and date of rank of 15 September 2004 and provide her any pay that may be due as a result of the correction.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adjusting her date of rank to an earlier date (1 July 2004).




      _______ _   _X______   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080012184



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ABCMR Record of Proceedings (cont)                                         AR20080012184



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