RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 April 2005
      DOCKET NUMBER:  AR20040003279


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Delia R. Trimble              |     |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, in effect, that he be reinstated to active duty
status with retroactive back pay and allowances.

2.  The applicant states, in effect, his promotion reconsideration for
sergeant first class (SFC) by a Stand-By Advisory Board (STAB) was pending
while he was still on active duty.  However, while his case was pending, he
was forced to retire based on reaching the retention control point (RCP)
for staff sergeant (SSG), which was twenty years of active military
service.

3.  The applicant provides SFC promotion orders and his separation document
(DD Form 214) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in a prior case from the applicant by the Army Board for
Correction of Military Records (ABCMR) in Docket Number AR2003086046, on 2
December 2003.

2.  In the applicant’s case that was reviewed by the ABCMR on 2 December
2003, the Board recommended that the applicant’s record be corrected to
show his SSG date of rank (DOR) was 1 March 1989.  It also recommended that
he be considered for promotion to SFC under the criteria used by the
Calendar Year (CY) 2000, CY 2001, CY 2002 and CY 2003 SFC promotion
selection boards.

3.  On 30 November 2003, while the implementation of the Board
recommendations outlined in the preceding paragraph were still pending, the
applicant was released from active duty (REFRAD), for the purpose of
voluntary retirement upon reaching the SSG RCP of 20 years.

4.  In March 2004, the Chief, Enlisted Promotions Branch, Human Resources
Command (HRC), published a memorandum indicating that the applicant was
considered and selected for promotion to SFC by a STAB that adjourned on
20 February 2004.  On 16 March 2004, HRC published Orders Number 76-3
authorizing the applicant’s promotion to SFC with an effective date and
date of rank of 1 September 2001.

5.  Army Regulation 601-280 prescribes criteria for the Army Retention
Program and sets forth policies, command responsibilities for immediate
reenlistment or extension of enlistment of Soldiers currently serving in
the Active Army.  Chapter 3 contains reenlistment eligibility criteria.
Paragraph 3-8f contains guidance on rank eligibility for reenlistment by
establishing RCP by grade.  The RCP for members holding the rank of SSG is
20 years.  The RCP for members holding the rank of SFC is 22 years.

6.  The eligibility criteria for consideration for promotion to master
sergeant (MSG) by the Fiscal Year 2005 (FY 05) promotion selection board
that convened on 4 September 2004, included all qualified SFCs with a date
of rank of
5 October 2002 or earlier and with a basic active service date (BASD)
between
5 October 1981 and 5 October 1996, both dates inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms this Board directed the actions that
resulted in the applicant’s promotion to SFC prior to his REFRAD for
retirement.  Further, it appears the applicant was required to separate
from active duty for the purpose of retirement based on his having reached
the 20 year RCP for SSGs.

2.  The evidence of record further confirms that based on the
recommendation of this Board, the applicant was considered for promotion by
a STAB, which resulted in his selection for and promotion to SFC, effective
1 September 2001. Had this action been accomplished prior to his REFRAD for
retirement, the applicant would have been allowed to remain on active duty,
and he would have been considered for promotion to MSG by the promotion
selection board that convened on 4 October 2004.

3.  In view of the facts of this case, it would be appropriate to declare
the applicant’s 30 November 2003 REFRAD and his 1 December 2003 placement
on the Retired List as a SSG null and void.  Further, the applicant should
be reinstated on active duty in the rank and pay grade SFC/E-7, without any
loss of creditable service and with restoration of all rights and
privileges, to include all appropriate back pay and allowances, minus any
retired pay or civilian income he has earned since his retirement.

4.  It would also be appropriate to place the applicant’s record before a
STAB for consideration for promotion to MSG under the criteria used by the
promotion selection board that convened on 4 October 2004.  It would also
be appropriate to allow the applicant to remain on active duty until this
STAB promotion review is completed, even if he exceeds the 22 year RCP for
SFCs.  Once the process is complete, if the applicant is not selected for
promotion to MSG, he should be allowed to retire in the rank and pay grade
of SFC/E-7.  If he is selected for promotion to MSG, it would be
appropriate to establish his promotion effective date and date of rank as
the date he would have been promoted had he been properly considered by the
promotions selection board in question.  Further, he should be provided any
back pay and allowances due as a result.

BOARD VOTE:

___FE___  ___DRT_  ___RTD_  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:

      a.  showing that he was promoted to the rank and pay grade of sergeant
first class/E-7, effective and with a date of rank of 1 September 2001, and
by providing any back pay and allowances due based on this promotion;


      b.  declaring his 30 November 2003 release from active duty and his
1 December 2003 placement on the Retired List null and void, and
reinstating him on active duty with restoration of all rights and
privileges, to include all appropriate back pay and allowances, minus any
retired pay or civilian income he has earned since his retirement.

      c.  placing his records before a Stand-By Advisory Board to consider
him for promotion to master sergeant under the criteria used by the Fiscal
Year 2005 Master Sergeant Promotion Selection Board that convened on 4
October 2004, and retaining him on active duty beyond the 22 year sergeant
first class retention control point if it is necessary to complete the
master sergeant promotion consideration process; and

      d.  if selected for promotion to master sergeant, by giving him the
promotion effective date and date of rank he would have received had he
been selected by the Fiscal Year 2005 Master Sergeant Promotion Selection
Board and providing him all back pay and allowances due as a result, and if
not selected for promotion to master sergeant, by notifying him of the non-
selection and allowing him to retire in the rank and pay grade of sergeant
first class/E-7.




            ____Fred Eichorn________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003279                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/04/21                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2003/11/30                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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