| Mr. Carl W. S. Chun | Director | |
| Mr. G. E. Vandenberg | Analyst |
| Mr. Mark D. Manning | Chairperson | |
| Mr. Lester Echols | Member | |
| Ms. Karen Y. Fletcher | Member |
APPLICANT REQUESTS: That his effective date of rank be corrected to 25 November 2001.
APPLICANT STATES: In effect, he was entitled to an earlier date of promotion to pay grade E-3 based on his referral of two additional recruits under the Army Referral Program.
EVIDENCE OF RECORD: The applicant's military records show that:
The applicant first entered active duty on 20 February 1990. He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 13E (Cannon Fire Direction Specialist). He attained pay grade E-4 and received an honorable release from service on 9 July 1994, having served 4 years, 4 months, and 20 days.
The applicant reenlisted on 28 September 2001 in pay grade E-2 with the delayed entry and guaranteed MOS school 91W (Health Care Specialist) option. The applicant entered active duty on 25 November 2001. He was promoted to pay grade E-3 on 24 January 2002.
While in the delayed entry program, the applicant was instrumental in the recruitment of two additional soldiers, as documented by the referral sheets provided by the applicant.
In the development of this case, an advisory opinion was obtained from Commander, U.S. Total Army Personnel Command, Alexandria, Virginia. In that opinion they noted that the accelerated promotion portion of the Army Referral Program was designed for personnel without prior service. As the applicant had prior service he was ineligible for this program.
A copy of the advisory opinion was forwarded to the applicant for comment or rebuttal. No response was received as of the suspense date.
Army Regulation 601-210 sets forth policy and procedures for the Regular Army and Army Reserve Enlistment Program. Chapter 2 sets forth the provisions for enlistment of personnel without prior service. Paragraph 2-20 sets forth provisions for pay grade determination and accelerated pay grade including paragraph 2-20i, which lists the criteria for accelerated grade for participation in the Army Referral Program. Chapter 3 sets forth the provisions for enlistment of personnel with prior service. There is no provision for participation in the Army Referral Program for prior service personnel.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. As a prior service member, the applicant did not meet the criteria for participation in the Army Referral Program with entitlement to an accelerated promotion.
2. Therefore, the Board finds that the applicant's records are correct and his effective date of rank is proper.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
| CASE ID | AR2002070496 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020523 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 129.01 |
| 2. | 131.04 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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