| Ms. | Joann H. Langston | Chairperson | |
| Mr. | Calvin M. Fowler | Member | |
| Ms. | Karen L. Wolff | Member |
| Mr. | Karl F. Schneider | Acting Director | |
| Mr. | Jessie B. Strickland | Examiner |
2. The applicant requests that his enlistment contract (DD Form 4/3) dated 11 June 1997 be corrected to show that he enlisted in the pay grade of E-2.
3. The applicant states that he enlisted in the USAR under the Delayed Entry Program (DEP) on 14 June 1996 with the understanding that he would enlist in the pay grade of E-2 based on his being an Eagle Scout and because he referred another person for enlistment. He was a senior in high school at the time. He further states that it was not until he received his shipping orders that he was informed that he could not be enlisted in the pay grade of E-2 without his high school diploma. He also states that he was informed that his recruiter had not filled out the proper forms to ensure he was enlisted in the pay grade of E-2 because of the high number of applicants and overall general confusion that existed at the time. In support of his application he submits a statement from his recruiter at the time that attests that the proper documentation was not filled out at the time he entered active duty, but was subsequently completed on 15 October 1997.
4. The applicant’s military records show that the applicant, while a high school senior, enlisted in the USAR under the DEP, in the pay grade of E-2, on 14 June 1997.
5. On 11 June 1997 the applicant entered active duty in the pay grade of E-1. He was subsequently promoted to the pay grade of E-2 on 11 December 1997.
6. In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM), Retention Management Division, which opined that the applicable regulations provide that an applicant who makes a referral of a potential applicant will be enlisted in the pay grade of E-2. The PERSCOM verified that the applicant had made such a referral and opined that the applicant’s recruiter had failed to provide the necessary documents to allow the applicant to enlist in the pay grade of E-2. The PERSCOM recommended that the applicant date of rank for the promotion to the pay grade of E-2 be adjusted to 11 June 1997, the date of his enlistment.
CONCLUSIONS:
1. The applicant was qualified for initial enlistment in the pay grade of E-2. However, through no fault of the applicant, he was denied enlistment in that grade and was denied a benefit that he was entitled to receive.
2. Inasmuch as the applicant has already been promoted to the pay grade of E-2, it would be appropriate in this case to adjust the applicant’s effective date and date of rank for promotion to the pay grade of E-2 to 11 June 1997, the date of his enlistment.
3. Additionally, the applicant should be paid all back pay and allowances that he would have received had he been properly enlisted in the pay grade of E-2.
4. In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by adjusting the effective date and DOR of the individual concerned to show that he was promoted to the pay grade of E-2 effective 11 June 1997, with entitlement to all back pay and allowances.
BOARD VOTE:
KW JHL CMF GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
ARMY | BCMR | CY2001 | 2001052223C070420
PROCEEDINGS BOARD DATE: 6 November 2001 DOCKET NUMBER: AR2001052223 The applicant requests his records be corrected to show his date of rank (DOR) to pay grade E-7 as 1 March 1994. Based on his enlistment in the RA on 12 August 1999, his pay grade E-7 DOR should be adjusted to 21 November 1997 in accordance with Army Regulation 600-20 (Army Command Policy).
ARMY | BCMR | CY2002 | 2002071767C070403
APPLICANT REQUESTS: In effect, that her enlistment contract be corrected to show that she enlisted in the pay grade of E-3 under the Army Civilian Acquired Skills Program (ACASP) and that her subsequent promotions be accelerated by 22 months. Officials at the PERSCOM opined that her request should not be approved because there is no evidence in either her USAR enlistment contract dated 6 March 1985, or her RA enlistment contract dated 18 July 1985, to show that she revealed or produced...
ARMY | BCMR | CY2002 | 2002076779C070215
During the obligated period of service, the soldier will not apply for voluntary nondisability retirement unless the soldier is (a) eligible for retirement by completion 30 years or more active Federal service and (b) already eligible through prior service for a higher grade at retirement and (c) over 58 years of age. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and...
ARMY | BCMR | CY2002 | 2002072743C070403
On 20 August 1997, the OKARNG issued a NGB Form 22 (Report of Separation and Record of Service) honorably discharging the applicant from the OKARNG as a SGT, pay grade E-5, by reason of the individual's request. The investigation further substantiated that: the applicant submitted false information on his application for Army National Guard federal recognition in January 1987 by stating “No” to the question, “Have you ever been arrested or convicted by a civil court of other than minor...
ARMY | BCMR | CY2003 | 2003084855C070212
The applicant requests, in effect, that his major (MAJ) date of rank (DOR) be adjusted to 30 June 1994 based on the constructive credit he received upon his appointment in the United States Army Reserve (USAR). The record also confirms that based on the applicant’s constructive service credit his PED to MAJ would have been established as 30 June 1994; however, he remained in training in the STRAP through 30 June 1996, and at the applicant’s request in an application to this Board, action...
ARMY | BCMR | CY2001 | 2001065542C070421
APPLICANT STATES : That he meets the eligibility requirements for promotion to major but that the computer at the U. S. Army Reserve Personnel Command (AR-PERSCOM) does not show that he has completed the Infantry Officer Advanced Course, so he has not been considered for promotion. On 8 January 1986, the Army Board for Correction of Military Records (ABCMR) responded to a request from the applicant, case number AC 85-00251, to correct his commissioning as a USAR officer from 23 August 1983...
ARMY | BCMR | CY2002 | 2002072145C070403
In effect, PERSCOM promotion officials opined that because the ROPMA prohibits the promotion of an officer prior to the approval of the list, and since the applicant’s promotion list was not approved by the President until 3 January 2000, which was the date established as his DOR, his request should be denied. Paragraph (b) states, in effect, that a RC officer who is recommended for promotion to the next higher grade by a selection board the first time they are considered for promotion and...
ARMY | BCMR | CY2002 | 2002068793C070402
In effect, PERSCOM promotion officials opined that because the ROPMA prohibits the promotion of an officer prior to the approval of the list, and since the applicant’s promotion list was not approved by the President until 31 August 1998, which was the date established as his DOR, his request should be denied. Paragraph (b) states, in effect, that a RC officer who is recommended for promotion to the next higher grade by a selection board the first time they are considered for promotion and...
ARMY | BCMR | CY1997 | 9711760
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant’s military records show that he received a promotion points reevaluation in July 1996 which changed his promotion points from 639 to 635 promotion points. Consequently, the applicant was denied promotion to the pay grade of E-6 on 1 December 1996.
ARMY | BCMR | CY2003 | 2003084888C070212
The applicant requests correction to his promotion effective date and date of rank for major from 19 June 2002 to 7 January 2001, the date the President approved the June 2000 United States Army Reserve (USAR) Position Vacancy Board (PVB) and removal of his name from March 2002 Reserve Components Selection Board (RCSB). He further states that he was considered and recommended by the June 2000 PVB for promotion to major in the position he was assigned at the time the board convened (Legal...