IN THE CASE OF:	  

		BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100022728 


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 reconsideration of her request that her enlistment contract be corrected to show she was enlisted in the Army Civilian Acquired Skills Program (ACASP) for military occupational specialty (MOS) 91K (Biological Science Assistant) with an additional skill identifier (ASI) of P9 and that she be promoted to sergeant/pay grade E-5 as provided for under the ACASP for MOS 91K2OP9 with entitlement to all back pay and allowances.

2.  The applicant states the Army Board for Correction of Military Records (ABCMR's) previous decision indicated that there was no evidence to show her commanders would have supported her promotion to the pay grade of E-5 after 
8 weeks of successful performance in her skill; however, she has now obtained that information and requests that the ABCMR favorably consider her request. 

3.  The applicant provides memoranda from her previous and current commanders supporting her request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20090015542 on 29 December 2009.

2.  In her original request the applicant stated that her recruiter should have contacted the Chief, Health Services Branch to determine her eligibility for ACSAP and informed her of her eligibility status for ACASP.  She states that at least six Soldiers at the U.S. Army Research Institute of Environmental Medicine (USARIEM) were granted accelerated promotion because ACASP was included in their enlistment contracts and at least six appeals have now been filed and granted to include retroactive promotions.

3.  It is noted that the applicant did not attend advanced individual training (AIT) because she was already a certified medical technologist; therefore, she was immediately assigned to a 91K position.

4.  The statements provided by the applicant from her former and present commanders indicate that she is proficient in her skills, that she possesses the ASI of P9 and that they would have recommended her for promotion under the ACASP had they been able to.

5.  During the processing of the applicant’s original application a staff advisory opinion was obtained from the Recruiting Policy Branch of the Office of the Deputy Chief of Staff G-1.  That office recommended approval of the applicant’s request.  That office noted that the applicant possessed the credentials required for MOS 91K and she should have entered under the ACASP in pay grade E-4 with a later appointment to sergeant.  The G-1 also stated that she should have received an accelerated promotion to 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.  G-1 recommended administrative relief with a date or rank (DOR) and effective date of promotion to E-5 to coincide with the date she would have completed her proficiency training and the date the command recommended her for promotion to E-5.  G-1 recommended her DOR and effective date of promotion be 15 September 2003, approximately 8 weeks after arrival at her first duty station.  The applicant concurred with the advisory opinion.

6.  The applicant reenlisted on 19 December 2008 in the pay grade of E-4 for a period of 4 years and a selective reenlistment bonus.

7.  Army Regulation 601-210 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 an accelerated promotion based on the skill level and demonstrated duty performance if approved by the commander.  Table 7-1 of that regulation states, in pertinent part, that persons enlisting in the ACASP for MOS 91K2OP9 must possess as a minimum a bachelor’s degree with specialization in biology, chemistry toxicology, physiology, organic chemistry, physics, microbiology, zoology, parasitology, pharmacology, biochemistry, or other related physical science or medical allied science.  They must also be certified as a medical laboratory technician (MLT) and approved for enlistment under the ACASP.  Personnel approved for enlistment under this program will be enlisted in the pay grade of E-4 based on possession of a bachelor’s degree and may be advanced to the pay grade of E-5 contingent on the commander’s approval.  Personnel who qualify for accelerated advancement to the pay grade of E-4 will be enlisted in the pay grade of E-3 for accelerated advance to the pay grade of E-4 contingent on the commander’s approval.  Applicants will be informed that such accelerated advancements are not automatic and are contingent on their skill level and demonstrated duty performance.  They must also be approved for enlistment in the MOS by the Chief Health Services Branch and must successfully complete the proficiency training required at the location of the assigned research project.

8.  Army Regulation 611-201 provides the criteria for award of enlisted military occupational specialties.  It provides, in pertinent part, that in order to qualify for award of MOS 91K, individuals must meet the civilian acquired skills criteria listed in Army Regulation 601-210, chapter 7. 

9.  Army Regulation 611-201 also provides that the objectives of the ACASP is the enlistment of qualified personnel with civilian acquired skills needed by the Army, increased job satisfaction, reduction in training loads and costs and added means for mobilization.

10.  In previous cases of this nature, the Human Resources Command has provided advisory opinions which have consistently upheld that the purpose of the ACASP is to bring in potential recruits that already possess a skill that converts to a military occupational specialty, thus saving the Army the costs of AIT.

DISCUSSION AND CONCLUSIONS:

1.  After reviewing all of the available evidence in this case, it is apparent that the applicant was not properly recruited and enlisted under the ACASP despite the fact that she was fully qualified for that program and the Army used her civilian acquired skills in the same manner as those who were properly recruited under the ACASP.  

2.  The applicant did not attend AIT in her MOS; she was assigned to a laboratory environment immediately after basic training.  She has continued to perform in her MOS and based on the statements from two of her commanders she is a proficient laboratory specialist who is deserving of an accelerated promotion.

3.  Therefore, given the commanders' recommendations and the advisory opinion from the Recruiting Policy Branch of the Office of the Deputy Chief of Staff G-1 which recommends that her enlistment contract be amended to show that she enlisted under the ACASP and that she be promoted to the pay grade of E-5 effective 15 September 2003, it would be appropriate as a matter of equity to grant her request.

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 amendment of the ABCMR’s decision in Docket Number AR20090015542, dated 29 December 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:  

* Amending her enlistment contract dated 2 January 2003 to show that she enlisted under the ACASP for MOS 91K
* Promoting her to the rank and pay grade of sergeant E-5 effective 15 September 2003 with entitlement to all back pay and allowances
* Amending her reenlistment contract of 19 December 2008 to show that she reenlisted in the pay grade of E-5 with entitlement to any back pay and allowances that flow from this change




      _________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)                                         AR20100022728



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ABCMR Record of Proceedings (cont)                                         AR20100022728



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