IN THE CASE OF:	  

		BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090012789 


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 correction of his records to show he was promoted to pay grade E-5 in accordance with the terms of his Army Civilian Acquired Skills Program (ACASP) enlistment contract.

2.  The applicant states that while he was eligible for promotion to pay grade E-5 in February 2005, his commander was not familiar with ACASP and would not initiate a recommendation for his promotion.  In October 2005 he was assigned to another company and asked his commander to promote him to pay grade 
E-5; however, his new commander only promoted him to pay grade E-4.

3.  The applicant provides, in support of his application, documents which he lists on his DD Form 149 (Application for Correction of Military Records Under the Provisions of Title 10, U.S. Code, Section 1552).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) on 13 November 2003.  He enlisted for training in military occupational specialty (MOS) 97E.  

2.  The applicant enlisted in the Regular Army (RA) on 4 February 2004 in pay grade E-3.  At that time he renegotiated his enlistment option for training as a 


Electronic Warfare Signal Intelligence Specialist (linguist), MOS 98X (to be converted to MOS 98G upon completion of training) and a $15,000 cash bonus.  

3.  The applicant completed initial entry training and was awarded MOS 98G.  He was assigned to a military intelligence battalion (Electronic Warfare Integration, or EWI) with duty MOS 98G.  He was promoted to pay grade E-4 on 1 November 2005 in MOS 98G.  He was reassigned to a 35P (Cryptologic Linguist) position on 27 January 2006.  He was honorably released from active duty on 11 January 2010 in pay grade E-4 by reason of completion of required active service.  He was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.

4.  In support of his request, the applicant submits a DA Form 3286-68 (Statement for Enlistment United States Army/Army Reserve Civilian Acquired Skills Enlistment Program) in which it was stated that "I will be advanced to pay grade ___ in accordance with AR [Army Regulation] 601-210, provided I receive a recommendation from my commander.  Promotion is not automatic but depends upon my demonstration of proficiency, skills and conduct."  In the blank space E-4 is written but is lined out and E-5 is written above the lined out entry.  

5.  In the processing of this case, on 31 August 2009, an advisory opinion was obtained from the Chief, Recruiting Policy Branch, Office of the Deputy Chief of Staff (ODCS), G-1.  The advisory official recommended the applicant be promoted to pay grade E-5 effective 6 February 2005.  The official stated that the applicant enlisted in the ACASP for MOS 98X which was converted to MOS 98G upon award of an MOS.  As such, the applicant was eligible for accelerated promotion 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.

6.  The applicant was furnished a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal.  On 12 September 2009 he concurred with the favorable recommendation of the advisory official.

7.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), Table 7-1 (Skills and criteria authorized for the ACASP), states that for MOS 97E1L a Soldier will be given an accelerated advancement to pay grade
E-4.  This regulation also states that MOS 98X is used when the Soldier's MOS is to be determined, and that MOS 98G is eligible for accelerated promotion to pay grade E-5 under ACASP.




DISCUSSION AND CONCLUSIONS:

1.  Determining exactly what occurred over 5 years ago cannot be established with any level of certainty.  

2.  What can be established with certainty is that the applicant enlisted in the DEP for an MOS which provided for accelerated promotion to pay grade E-4, and enlisted in the RA for an MOS which provided for an accelerated promotion to pay grade E-5.

3.  However, the applicant did not submit any evidence his commanders would have promoted him to pay grade E-5 if they had known he was eligible for promotion to that grade under the ACASP.  

4.  The applicant's records do not contain a recommendation by his commander that he be given accelerated promotion to pay grade E-5.  As the applicant was advised in his enlistment contract, accelerated promotion was not automatic.  Such promotion required a recommendation from his commander and depended upon his demonstration of proficiency, skills and conduct.

5.  The applicant states that he requested accelerated promotion in a timely manner and his request was denied.  The applicant states that he requested accelerated promotion a second time when he was transferred to a different unit and was only advanced to pay grade E-4.

6.  As such, it must be presumed that the applicant's commander determined that he did not demonstrate that he had the proficiency, skills, and conduct to be promoted to pay grade E-5.

7.  In view of the foregoing, a presumption of regularity must be presumed, that what the Army did was correct.

8.  Notwithstanding the ODCS, G-1 advisory opinion and in view of the foregoing, there is insufficient evidence in which to grant the applicant's requested relief.

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.



      ___________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)                                         AR20090012789



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ABCMR Record of Proceedings (cont)                                         AR20090012789


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