IN THE CASE OF:	  

		BOARD DATE:	  21 October 2008

		DOCKET NUMBER:  AR20080013824 


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 that his date of rank to Sergeant, E-5, be adjusted to on or about 29 September 2005 with all due back pay and allowances.

2.  The applicant states that he enlisted under the Army Civilian Acquired Skills Program (ACASP) on 11 May 2005 and was to have been promoted to Sergeant, E-5, upon demonstrating the required proficiency.  He met all the requirements; however, through no fault of his own he had not yet obtained a top secret security clearance.  He did receive an interim top secret clearance; however, he was told it was not a high enough level of clearance to perform his job function on the operations floor at the National Security Agency (NSA)/Central Security Service (CSS), Texas.  Therefore, he was not able to get his 8 weeks of needed proficiency training in accordance with the 314th Military Intelligence Battalion SOP (Standing Operating Procedures).  Had he been sent to a regular Military Intelligence site, a secret-level clearance would have been sufficient to work in his military occupational specialty (MOS) of 98G.  

3.  The applicant provides, in support of his application, a noncommissioned officer evaluation report (NCOER) for the period 1 December 2006 through 30 November 2007; ten DA Forms 4856 (Developmental Counseling Form); two Army Achievement Medal certificates/orders, one dated 3 October 2007 and one dated 5 May 2006; five Certificates of Achievement; a memorandum for record, dated 8 December 2005; one page of his enlistment contract; a memorandum, dated 12 October 2007, with one enclosure; three Certificates of Training; 
training/permanent change of station orders; MOS orders; two DA Forms 705 (Army Physical Fitness Test Scorecard); and a DA Form 3595-R (Record Fire Scorecard).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 11 May 2005 in pay grade E-3 for training in career management field 98X, Signal Intelligence, ACASP enlistment incentive.  He completed the required training and was awarded MOS 98G1LQB (Cryptologic Communications Interceptor/Locator (Spanish)) on        21 December 2005.  He completed the Communication Electronic Warfare Equipment Operations Course on 14 February 2006.  He was assigned to the 314th Military Intelligence Battalion, San Antonio, TX, on 17 February 2006.

2.  The applicant provided several DA Forms 4856.  Three DA Forms 4856, one dated  1 May 2006, one dated 1 June 2006 (date of signature, typed date is       “1 MAY 2006”), and one dated 1 July 2006, stated in part that he was in a promotable status and pending receipt of the rank of Sergeant under the ACASP. A DA Form 4856, dated 1 August 2006, stated he had finished the OSINT [open source intelligence] training and was now working in a complete capacity in regards to the OSINT mission.

3.  A DA Form 4856, dated 1 September 2006, stated that during the month of August the applicant continued to work at the OSINT cell in Fort Sam Houston, TX.  In the month of September, he would begin working at Camp Bullis to perform his 98G skills.  

4.  A DA Form 4856, dated 1 November 2006, stated that on 2 October 2006 the applicant started working on a mission at Camp Bullis using his 98G training.  A DA Form 4856, dated 27 November 2006, stated the applicant completed his obligations to be promoted to E-5 under the ACASP and completed his 8-week evaluation period as of 27 November 2006.  

5.  Orders, dated 15 December 2006, promoted the applicant to Sergeant, E-5, under the ACASP effective 27 November 2006.

6.  The applicant provided a memorandum, dated 12 October 2007, from the Commander, 314th Military Intelligence Battalion.  The battalion commander had been directed by the brigade commander to make recommendations for the resolution of outstanding unit ACASP issues.  The battalion commander noted that the battalion had an ACASP SOP.  Although not specified in the SOP, the unit required the appropriate security clearance (a final sensitive compartmented 
information (SCI) clearance) before it could conduct the required 8-12 week proficiency training period.  The unit’s mission, location, and NSA policies made that requirement necessary within the 98-series MOS locally.  

7.  The battalion commander noted that Department of the Army deemed the unit policy to be in compliance with Army policy.  However, although the unit acted fairly and consistently and properly adhered to Army regulations and battalion policy, Intelligence and Security Command findings implied there was an issue related to the unit’s prerequisite security clearance standard prior to the mandated 8-week proficiency training and evaluation period.  The battalion commander therefore recommended that the promotion timeline be based strictly on the specified timetable within the unit SOP and remove the security clearance delays from the equation.  That equated to a target promotion date within 10-14 weeks after an ACASP enlistee arrived in the unit (based on 2 weeks of unit in-processing plus the specified 8-12 week proficiency training period).

8.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), paragraph 7-11 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 included 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.  

9.  Army Regulation 601-210, effective 16 June 2005, provides that all Soldiers enlisting in the ACASP are enlisted in pay grade E-4 with no later advanced promotion authorized unless enlisting in the U. S. Army Special Bands.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested that his date of rank to Sergeant, E-5, be adjusted to on or about 29 September 2005 with all due back pay and allowances.  He stated his promotion to E-5 under the ACASP was held up until November 2006 because of a unit requirement that he obtain a top secret clearance.

2.  The applicant provided a memorandum from his battalion commander that verified the unit had a security clearance requirement that was not a regulatory prerequisite for promotion.  The memorandum noted that the unit acted fairly and consistently and properly adhered to Army regulations and battalion policy; however, Intelligence and Security Command findings implied there was an issue related to the unit’s prerequisite security clearance standard prior to the 
mandated 8-week proficiency training and evaluation period.  The battalion commander recommended that the promotion timeline be based strictly on the specified timetable and that the security clearance delays be removed from the equation.  The battalion commander stated that this new policy equated to a target promotion date within 10-14 weeks after an ACASP enlistee arrived in the unit (based on 2 weeks of unit in-processing plus the specified 8-12 week proficiency training period).

3.  Army Regulation 601-210, the version in effect at the time of the applicant’s enlistment, stated that accelerated promotion of Regular Army Soldiers enlisted under the ACASP would be made after successful completion of all training required by the enlistment program selected to include 8 weeks of successful performance in the skill.  

4.  The battalion commander indicated the unit had 2 weeks of in-processing.  

5.  The applicant did not even complete the initial required training until               21 December 2005, when he was awarded MOS 98GLQB.  He completed another course on 14 February 2006 and was assigned to the 314th Military Intelligence Battalion, San Antonio, TX, on 17 February 2006.  Ten weeks from 17 February 2006 would have been 28 April 2006.

6.  Based upon the information outlined in the battalion commander’s memorandum, it would be equitable to adjust the applicant’s date of rank to Sergeant, E-5, from 27 November 2006 to 28 April 2006 with all due back pay and allowances.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___XX_____  ___XX_____  ___XX_____  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 he was promoted to Sergeant, E-5, under the ACASP effective on and with a date of rank of 28 April 2006, and that he be paid all back pay and allowances due as a result of this 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 his Sergeant, E-5, date of rank to 29 September 2005.



      _____XXXX_________________
       	   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)                                         AR20080013824



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080013824



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1