IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110025058
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 enlistment contract to show she enlisted in the rank/grade of specialist (SPC)/E-4 instead of private first class (PFC)/E-3 under the Army Civilian Acquired Skills Program (ACASP).
2. The applicant states:
* In accordance with paragraph 2-18 of Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), she should have enlisted as a SPC/E-4 under ACASP
* When she enlisted on 27 January 2011, she was not informed that she qualified for enlistment under ACASP
* She currently holds an Associate in Applied Science in Culinary Arts and an Associate of Applied Science in Baking and Pastry Arts, for a total of 4 years of formal training
* As a direct result of an internship, she worked for 51 months in a commercial food service institutional environment
3. The applicant provides:
* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* DA Form 3286 (Statement of Enlistment) - U.S. Army Enlistment Program)
* Employment letter
* Verification of academic qualifications letter
* Marriage license
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 27 January 2011 under the Delayed Entry Program (DEP). She completed several allied documents in connection with this enlistment as follows:
a. Item 2 of her DA Form 3286 shows she enlisted for the U.S. Army Training Enlistment Program and the U.S. Army Incentive Enlistment Program (High Grad Bonus and Loan Repayment Program).
b. Section VI (Remarks) of her DD Form 1966/4 (Record of Military Processing) shows she was authorized enlistment in the rank/grade of PFC/E-3 based on 48 or more semester hours as stipulated in paragraph 2-18a of Army Regulation 601-210.
2. She was discharged from the DEP on 30 May 2011 and enlisted in the Regular Army for 3 years and 21 weeks on 31 May 2011. She completed basic combat and advanced individual training and she was awarded military occupational specialty 92G (Food Services Specialist).
3. She submitted:
a. A letter, dated 30 November 2011, from a civilian employer, verifying her employment from June 2006 to July 2010 in fine dining.
b. An undated letter from a supervisor of records at a university confirming her attendance from 27 June 2005 through 7 September 2007. She earned a dual Culinary Arts/Baking and Pastry Arts Associate of Science (152 credit hours) but no official transcripts could be released because she owed an outstanding balance.
c. Marriage license confirming her name change.
4. An advisory opinion was obtained on 14 February 2011 in the processing of this case. An official at the U.S. Army Human Resources Command (HRC) recommended disapproval of her request. He stated that at the time of her enlistment, ACASP was not available for her selected MOS of 92G, nor is it available now. She enlisted in the correct grade.
5. She was provided with a copy of this advisory opinion but she did not respond.
6. Army Regulation 601-201, in effect at the time, governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the U.S. Army Reserve for enlistment on or after the effective date of this regulation.
a. Paragraph 2-18 (Enlistment pay grades for personnel without prior service) states in sub-paragraph a(7) a member who has successfully completed 48 or more classroom semester hours (72 or more quarter hours) (without a 4-year degree) at an accredited degree granting college or university listed in the may enlist at any time at pay grade PFC. Applicants with an associate degree will be enlisted at pay grade PFC without regard to the number of semester or quarter hours completed.
b. paragraph 7-13 (ACASP enlistment control) states the ACASP enlistments will be controlled by HRC through the REQUEST System. If a skill is not available, applicant will be advised of other enlistment opportunities available.
c. Paragraph 7-17 (Skills available for enlistment and unit vacancies) states skills available for enlistment and unit vacancies will be ascertained by the REQUEST system before completion of ACASP enlistments. Unit vacancies will be verified with the proper unit if required by REQUEST. If REQUEST does not provide a requirement, applicant will not be enlisted under this chapter. They will be offered other enlistment opportunities without entitlement to ACASP and accelerated promotion under this chapter.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the Regular Army in the rank/grade of PFC/E-3 based on the regulatory guidance that states applicants with an associate degree will be enlisted at pay grade PFC without regard to the number of semester or quarter hours completed.
2. The ACASP enlistment option is controlled by HRC through the REQUEST System. If a skill is not available, the member will be advised of other enlistment options. At the time of her enlistment, ACASP was not available for her selected MOS. It continues to be unavailable now. Therefore, she is not entitled to the 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) AR20110025058
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