RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 February 2006
      DOCKET NUMBER:  AR20050017238


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Mark W. Schaefer              |     |Member               |
|     |Mr. Roland S. Venable             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her enlistment contract be corrected to
reflect that she enlisted under the Army Civilian Acquired Skills Program
(ACASP).

2.  The applicant states she was recruited to become a Biological Science
Research Assistant at the U. S. Army Research Institute of Environmental
Medicine (USARIEM).  During the recruitment process, she was told she would
be promoted to E-5 shortly after her arrival at USARIEM.  However, she was
not told about the ACASP.  She would never have signed the contract without
the inclusion of ACASP had she known it was necessary for her to be
eligible for accelerated promotion.  After arriving at the USARIEM, she
discovered that other individuals who were selected for the same program,
enlisted under the same program, and had similar credentials as hers were
granted accelerated promotions to the pay grade of E-5 by the Board, based
on the same circumstances that occurred in her case.  She also states that
she has a Master's Degree in Exercise Physiology.

3.  The applicant provides her DD Form 1966 (Record of Military Processing
– Armed Forces of the United States); her college transcripts; a copy of
the Job Requirements for a Biological Science Assistant; and supporting
statements from the individual at the USARIEM who recruited her and from
her O-6 commander.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 7 May 2003 in pay grade E-
4 for 5 years, for the Army Training Enlistment Program (military
occupational specialty (MOS) 91K (Medical Laboratory Specialist), for a
cash enlistment bonus, and for the Loan Repayment Program.  At the time of
her enlistment she had a Master of Science degree in Exercise Science.  She
completed basic training and 91K training and was awarded MOS 91K on 20
August 2004.  She was assigned to USARIEM on 5 September 2004.  She was
awarded additional skill identifier (ASI) P9 on an unknown date.

2.  The applicant provided a supporting statement submitted by Doctor S___,
Chief, Thermal and Mountain Medicine Division, USARIEM, who stated he
actively recruited the applicant for a Biological Science Assistant
position in his Division.  He stated the applicant had a strong background
in research, she demonstrated leadership ability, and she was clearly well
qualified to become a Biological Science Assistant at USARIEM.  It was his
intention to bring her in under the ACASP.  During the course of her
enlistment, there was a failure to obtain ACASP approval.
3.  The applicant provided a supporting statement from her O-6 commander,
Colonel F___.  Colonel F___ stated they believed the applicant should have
been brought into the Army under the ACASP; however, ACASP approval was not
obtained during her enlistment.  He stated the applicant's civilian skills
were what they recruited her for rather than those skills obtained during
her 91K training.  Colonel F___ stated the applicant has performed at a
high level of productivity and has met their expectations.

4.  In the processing of this case 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 disapproval of the applicant's request.
 That office noted the applicant did not meet the qualifications for
enlistment under the ACASP for MOS 91K20P9 prior to entry on active duty as
she was not a certified medical laboratory technician (MLT) or medical
technologist nor was she a certified clinical laboratory technician or
clinical laboratory scientist.

5.  A copy of the advisory opinion was provided to the applicant.  She
responded by noting that she was recruited to fill a position as a
Biological Science Assistant.  During her recruitment process, she was told
she would be promoted to E-5 shortly after arriving at USARIEM.  She did
not become aware of the ACASP until shortly after her arrival at USARIEM.

6.  Army Regulation 601-210 provides policy and guidance for implementing
the ACASP.  The regulation in effect at the time stated, in pertinent part,
that the ACASP attracted and used persons with civilian acquired skills
required by the Army.  Persons qualified for the ACASP could be given an
advance in grade upon enlistment and could be entitled to accelerated
promotion, if approved by the commander, upon successful completion of 8
weeks of performance in the skill at the first permanent duty station.

7.  Army Regulation 601-210, Table 7-1 of the version in effect at the
time, stated, in pertinent part, that persons enlisting in the ACASP for
MOS 91K20P9 must have possessed 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 have been certified as an MLT and approved for enlistment
under the ACASP.

8.  Army Regulation 601-210, the version in effect at the time, further
stated that personnel approved for enlistment under this program would be
enlisted in the pay grade of E-4 based on possession of a bachelor’s degree
and could be advanced to the pay grade of E-5 contingent on the commander’s
approval.  Applicants would be informed that such accelerated advancements
were not automatic and were contingent on their skill level and
demonstrated duty performance.  They must also have been approved for
enlistment in the MOS by the Chief, Health Services Branch and must have
successfully completed the proficiency training required at the location of
the assigned research project.

9.  Army Regulation 601-210, paragraph 7-11 of the version in effect at the
time, stated accelerated promotion of persons enlisted under the ACASP
would be made either with approval of the unit commander or by the training
commander for active Army personnel after successful completion of all
training required by the enlistment program selected.  For Regular Army
Soldiers, that included         8 weeks of successful performance in the
skill.  The accelerated grade would be awarded to qualified Soldiers
without regard to time in grade, time in service, or promotion allocation.


DISCUSSION AND CONCLUSIONS:

1.  The applicant was specifically recruited for and enlisted under the
ACASP by USARIEM to fill one of several vacant 91KP9 positions.  She was
found to be highly qualified for the position even though it appears she
did not meet one of the eligibility requirements (certified as an MLT).
The evidence provided by the applicant indicated it was USARIEM's intention
to enlist her under the ACASP.

2.  Notwithstanding the fact the applicant is not certified as an MLT, the
evidence shows she was informed that she was being recruited under a
program that would afford her the potential for accelerated advancement to
the pay grade of  E-5 (i.e., the ACASP).

3.  Accordingly, given the support of the applicant's O-6 commander and the
supporting evidence, it would be equitable to grant the applicant’s
request, as an exception to policy, by correcting her enlistment contract
to show she enlisted under the ACASP and that she was authorized
accelerated promotion to the pay grade of E-5 effective 31 October 2004 (8
weeks after arrival at USARIEM), with entitlement to all back pay and
allowances.

BOARD VOTE:

__mkp___  __mws___  __rsv___  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
showing she enlisted in the Regular Army on 7 May 2003 under the ACASP and
that she was authorized an accelerated promotion to the pay grade of E-5
effective 31 October 2004 with entitlement to all back pay and allowances.




                                  __Margaret K. Patterson
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017238                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060209                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |112.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]