| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Mr. John T. Meixell | Member | |
| Mr. Roger W. Able | Member |
APPLICANT REQUESTS: In effect, that his date of rank (DOR) for SGT/E-5 be adjusted based on his prior service in the Regular Army (RA).
APPLICANT STATES: That he was promoted to SGT/E-5 in the Army Reserve, effective 30 October 2001; however, the 90th Regional Support Command (RSC) refused to give him credit for his prior service as an E-5 in the RA. In support of his application, he submits copies of his: DD Form 4/1 (Enlistment/Reenlistment Document), DD Form 214 (Certificate of Release or Discharge from Active Duty), and a copy of his promotion orders.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant is currently serving in the Army Reserve with the 450th Chemical Battalion in Houston, Texas.
He enlisted in the RA on 15 February 1985, as a cannon crewmember. He was promoted to SGT/E-5 effective 1 February 1988, with a DOR of 7 January 1988. He continued to serve until he was released from active duty on 3 July 1991, in the pay grade of E-5. He was transferred to the US Army Reserve (USAR). He was discharged from the USAR on completion of his Reserve obligation effective 5 January 1993.
After a break in service, he enlisted in the USAR on 14 February 2000, as a supply specialist in the pay grade of E-4.
The applicant provided a copy of his DD Form 4/1, dated 14 February 2000, which shows that he enlisted in the pay grade of E-4. He was promoted to SGT/E-5 on 30 October 2001.
Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service (PS) applicants for enlistment. Paragraph 3-18 pertains to enlistment pay grade for PS personnel who are enlisting into the USAR. Subparagraph 3-18b states that former enlisted members, either RA or Reserve Component (RC) who enlist within 30 months from last separation will be enlisted in the grade held at time of last separation. Subparagraph 3-18c states that former enlisted members, either RA or RC who enlist after 30 months from last separation will be enlisted in a grade at least one grade lower than the grade held at time of last separation, but not lower than private first class (PFC).
Army Regulation 140-158 provides the policy for promotion of USAR soldiers. There are no provisions in the regulation for an earlier DOR or effective date of promotion on repromotion to a grade previously held on a prior enlistment.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The evidence of record shows that the applicant was released from active duty in the RA on 3 July 1991, in the pay grade of E-5. His DD Form 4/1 correctly shows that on 14 February 2000, he enlisted in the USAR in the pay grade of E-4, the highest grade he was eligible for. He was later promoted to
E-5 on 30 October 2001.
2. The evidence also shows that he enlisted well over 30 months or more after his last separation from service and is not entitled to adjustment of his DOR for SGT/E-5 based on his prior service.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. 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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__rw___ ___jm__ ___ra___ DENY APPLICATION
| CASE ID | AR2002071796 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021010 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | AR USAR |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 21 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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