IN THE CASE OF:
BOARD DATE: 12 FEBRUARY 2009
DOCKET NUMBER: AR20080014761
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, that his enlistment contract be corrected to show that he was authorized to enlist in the pay grade of E-4.
2. The applicant states, in effect, that he should have been enlisted in the pay grade of E-4 instead of the pay grade of E-3 because he had completed two associate degrees and had 8 years of experience in his military occupational specialty (MOS) prior to entering the service. He goes on to state that he was not informed that he could enlist in the pay grade of E-4 and that it was not until he was in advanced individual training (AIT) that he was informed of such. Accordingly, he should have been enlisted in the pay grade of E-4.
3. The applicant provides a memorandum explaining his request, a copy of his enlistment contract, an explanation of the Army Civilian Acquired Skills Program (ACASP), an unsigned letter from a former employer outlying the applicant's 8 years of experience; a copy of his Associate of Applied Science degree in Computer Drafting and Design, and a copy of his Associate of Applied Science degree in Information Technology - Multimedia.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the United States Army Reserve (USAR) on 8 November 2006, in the pay grade of E-3 for a period of 8 years, under the delayed entry program.
2. He enlisted in the Regular Army with a moral waiver on 17 November 2006 in the pay grade of E-3 for a period of 4 years and 20 weeks, training as a food service specialist, enrollment in the loan repayment program and a $19,000 cash enlistment bonus.
3. He successfully completed his basic, advanced and airborne training and was transferred to Fort Campbell, Kentucky, where he is currently serving in the pay grade of E-4.
4. In the processing of this case a staff advisory opinion was obtained from the Human resources Command - Alexandria (HRC-ALEX) which opines that the applicant was not eligible for enlistment under the ACASP or enlistment in the pay grade of E-4. Officials at that agency opined that the applicant needed to have 2 years of experience or combination of formal training and experience totaling 2 years, in preparing meals in commercial or institutional activities. This does not include work experience in a fast food franchise or similar operation. The applicant's experience was considered similar to the operation of a fast food franchise. Additionally, the applicable regulation provides that individuals with an Associate degree would be enlisted at the pay grade of E-3, without regard to the number of degrees completed. The opinion was provided to the applicant for comment and to date, no response has been received by the staff of the Board.
5. Army Regulation 601-210, Active and Reserve Components Enlistment Program, provides, in pertinent part, that the ACASP attracts and uses persons with civilian acquired skills required by the Army and that persons qualified for the ACASP may be given an advance in grade upon enlistment. They may be entitled to accelerated promotion based on the skill level held and demonstrated during duty performance. Enlistment under the ACASP as a Food Service Specialist requires that the individual have 2 years of experience, or combination of formal training and experience totaling 2 years, in preparing meals in commercial or institutional activities (Does not include work experience in fast food franchise or similar operations). Individuals who qualify and demonstrate proficiency may later be appointed to the pay grade of E-4.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should have been enlisted under the ACASP in the pay grade of E-4 has been noted and found to lack merit. The applicant's associate degrees are not in a food preparation discipline and his experience in food service was not in a commercial or institutional environment, but more so in a fast food type environment.
2. Accordingly, the applicant was properly enlisted in the pay grade of E-3 based on his having an associate degree at the time of his enlistment.
3. Therefore, in the absence of evidence to show that he was qualified for enlistment under the ACASP in the pay grade of E-4, there appears to be no basis to grant his request.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_______ _XXX _______ ___
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.
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