BOARD DATE: 5 May 2011
DOCKET NUMBER: AR20100022620
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 her DA Form 3286 (Statement for Enlistment-U.S. Army Enlistment Program), dated 18 March 2009, to show she enlisted under the Army Civilian Acquired Skills Program (ACASP) in military occupational specialty (MOS) 68WM6 (Licensed Practical Nurse (LPN)) with promotion to specialist (SPC), E-4.
2. She states she:
* enlisted in the Regular Army in the rank/pay grade of private first class (PFC)/E-3 in the MOS 68W (Health Care Specialist)
* completed basic training, health care specialist course, and was awarded MOS 68W and additional skill identifier (ASI) M6 (Licensed Vocational Nurse)
* was assigned to Brooke Army Medical Center and has been employed as a Licensed Vocational Nurse since 9 November 2009
* believed that she was enlisting in the Regular Army as a 68WM6 (Health Care Specialist Licensed Vocational Nurse)
* became aware of the alleged error in her enlistment contract when she sought and was denied her accelerated promotion and/or her entitlement to enlistment in pay grade E-4
* is entitled to corrections under the provisions of Army Regulation 601-210 (Active and Reserve Components Enlistment Program), chapter 7, paragraphs 1, 2, 4, 11, and 12
3. She provides her:
* DD Form 4 (Enlistment/Reenlistment Document)
* DA Form 3286
* Transcript from Shawnee Community College
* Missouri State Board of Nursing, LPN card
* Enlisted Record Brief (ERB)
* Declaration
CONSIDERATION OF EVIDENCE:
1. At the time she submitted her application, she was serving on active duty in pay grade E-3.
2. She received a one year certificate in Practical Nursing on 1 August 2003. On an unknown date, she was issued an LPN license from the Missouri State Board of Nursing.
3. On 7 November 2008, she enlisted in the U.S. Army Reserve under the delayed entry program in pay grade E-3. She enlisted in the Regular Army on 17 March 2009 for a period of four years. Her DA Form 3286 shows she enlisted for training in MOS 68W, High Grad Bonus and a cash bonus. Her enlistment contract does not indicate she enlisted under the ACASP.
4. In the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Recruiting Policy Branch. This office recommended the applicant be promoted to pay grade E-4 with an effective date of promotion and date of rank of 17 March 2009 (her enlistment date). Further, it was recommended that she be provided a $5,000.00 ACASP bonus that was in effect when she entered the Army. This office opined that although the applicant did not enlist in the Regular Army under the ACASP, during her enlistment process and prior to entry onto active duty she presented recruiting personnel credentials which validated she was ACASP qualified as an LPN upon entry into the Army. After completion of advanced individual training for MOS 68W, the applicants LPN credentials were used to place her in a Licensed Vocational Nurse slot of MOS 68WM6. She is currently working in this MOS and is being awarded the M6 additional skill identifier. Therefore, she will not be attending the year long LPN course (training cost avoidance).
5. A copy of the advisory opinion was forwarded to the applicant to allow her to provide comments. On 1 March 2001, she concurred with the advisory opinion rendered in her case.
6. Army Regulation 601-210, chapter 7 provides policy and guidance for implementing the ACASP. It states, in pertinent part, that the ACASP attracts and uses persons with civilian-acquired skills required by the Army. Persons qualified for the ACASP may be given an advance in grade upon enlistment and may be entitled to accelerated promotion based on the skill level and demonstrated duty performance if approved by the commander. Subparagraph 7-11b states that persons who meet training and work experience requirements in accordance with the Department of the Army Pamphlet 611-21 and satisfied all other enlistment criteria will be enlisted in pay grade E-4 under the ACASP.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the Regular Army on 17 March 2009 in pay grade
E-3. She had received her license as an LPN prior to her enlistment date.
2. The advisory opinion from the Office of the Deputy Chief of Staff, G-1, Recruiting Policy Branch revealed that the applicant was eligible for enlistment on 17 March 2009 under the ACASP in pay grade E-4 with a $5,000 enlistment bonus in effect at that time.
3. Based on Army Regulation 601-210, Chapter 7, her entry grade should have been determined to be SPC/pay grade E-4 at the time of her enlistment on 17 March 2009.
4. It is apparent that an administrative error occurred at the time of the applicants enlistment. Therefore, it would be appropriate to correct her enlistment contract to show she enlisted on 17 March 2009 under the ACASP in pay grade E-4 with a $5,000.00 enlistment bonus and to award her all back pay and allowances to which she is entitled.
BOARD VOTE:
___x_____ ____x__ ____x____ 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 the applicant enlisted in the Regular Army on 17 March 2009 under the ACASP in pay grade E-4.
b. authorizing her the $5,000.00 ACASP bonus in effect when she entered the Army on 17 March 2009.
c. auditing her military pay account to determine the amount owed to her, if any, for the difference between pay grade E-3 and pay grade E-4 from her enlistment date of 17 March 2009.
d. paying her, upon completion of the audit of her military pay account, all back pay and allowances owed to her, if any.
_______ _ 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) AR20100022620
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ABCMR Record of Proceedings (cont) AR20100022620
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