RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            30 August 2005
      DOCKET NUMBER:   AR20040009961


      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             |
|     |Ms. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 his staff sergeant/E-6 (SSG/E-
6) date of rank (DOR) be changed from 1 January 2004 to 9 June 2001, and
that he be provided all back pay and allowances due as a result of this
correction.  He also requests consideration for promotion to sergeant first
class/E-7 (SFC/E-7) by a Stand-By Advisory Board (STAB).

2.  The applicant states, in effect, he was originally promoted to the rank
of SSG/E-6 on 9 June 2001, while serving on active duty as a member of the
New York Army National Guard (NYARNG).  He further states that during his
processing for enlistment in the Regular Army (RA), he was initially told
he would retain his current rank of SSG/E-6 and DOR of 9 June 2001;
however, a grade determination completed by Department of the Army (DA)
authorized his enlistment in the rank of sergeant/E-5 (SGT/E-5) based on
the lack of SSG/E-6 vacancies in his military occupational specialty (MOS).

3.  The applicant provides the following documents in support of his
request:  Power of Attorney, dated 19 August 2004; Memorandum for Record,
dated
27 October 2004; Memorandum of Support, dated 3 November 2004;
Army Regulation 600-20 and 614-200 Extracts; Separation Document
(DD Form 214); National Guard Report of Separation and Record of Service
(NGB Form 22); Statement of Service (DA Form 1506); Personnel Action
(DA Form 4187); Service School Academic Evaluation Report (DA Form 1059);
Enlistment/Reenlistment Document (DD Form 4/1); Statement of Understanding
( USAREC Form 978); USAREC Addendum to DD Form 1966 Series (USAREC Form
1150); Office of the Adjutant General (OTAG) State of New York (NY) Orders
Number (#) 325-024, dated 21 November 2002; OTAG State of NY Orders # 191-
024, dated 10 July 2002; OTAG State of NY Orders # 243-004, dated 31 August
2001; U.S. Total Army Personnel Command (currently known as Army Human
Resources Command (HRC) Memorandum, dated
11 September 2002; Record of Military Processing-Armed Forces of the United
States (DD Form 1966-1); Enlisted Record Brief (ERB); and Military
Personnel (MILPER) Message 04-216, issued 30 July 2004.
CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he initially enlisted and entered the
NYARNG on 11 January 1989.  He was trained in, awarded, and served in MOS
76P (Material Control and Accounting Specialist).  This MOS was
subsequently converted to to MOS 92Y by Department of the Army (DA).

2.  The applicant’s Personnel Qualification Record (DA Form 2-1) shows he
was promoted to SSG/E-6 in the NYARNG on 9 June 2001.  Item 35 (Record of
Assignments) shows he was ordered to active duty in the Army National Guard
of the United States (ARNGUS ) on 30 September 1995.  He continued to serve
on active duty until being honorably separated on 26 July 2002.  The DD
Form 214 he was issued shows he completed 6 years, 9 months, and 27 days
active military service during the period covered by that separation
document.

3.  The applicant’s Official Military Personnel File (OMPF) contains a DA
Form 4187, dated 1 August 2002, in which the applicant requested enlistment
in the Regular Army.

4.  On 11 September 2002, an official from the Retention Management
Division (RMD), HRC, approved the applicant for enlistment in the RA in the
rank of SGT. The applicant was informed he had been considered for
enlistment in the rank of SSG/E-6; however there were no vacancies in his
primary MOS (PMOS) that would allow his entry in the RA as a SSG/E-6.

5.  During the applicant’s RA enlistment processing, a DD Form 1966-1 was
completed.  Item 18 (Accession Data) of this document shows the applicant
was enlisting in the rank of SGT/E-5 with a DOR of 9 June 2001.

6.  On 30 September 2002 the applicant was discharged from the ARNG and as
a Reserve of the Army, and on 1 October 2002, he enlisted in the RA for 3
years, and entered active duty in the rank of SGT/E-5.  The applicant’s ERB
confirms SGT/E-5 DOR was the same as his enlistment date, 1 October 2002,
as opposed to the 9 June 2001 DOR shown on the DD Form 1966-1 completed
during his enlistment processing.
7.  During the processing of this case an advisory opinion was obtained
from the Chief, Force Alignment Division, HRC.  This official stated that
the applicant was approved to enter the Army in the rank of SGT/E-5 in his
MOS 92Y.  He further indicates there were no vacancies in the applicant’s
MOS, 92Y, which would have supported an RA enlistment rank of SSG/E-6.

8.  On 29 March 2005, the applicant was provided a copy of the HRC advisory
opinion in order to have the opportunity to respond.  To date, he has
failed to reply.

9.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) Prescribes eligibility criteria governing the enlistment of
persons, with or without prior service (PS), into the Regular Army (RA) and
the Army Reserve (AR).  Paragraph 3-16 contains guidance on authorized
enlistment pay grade determinations for applicants with prior service.  It
states, in pertinent part, that the enlistment grade for members who held
the rank of SGT/E-5 or above will be determined by a grade determination
completed by HRC.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DOR should be changed to 9 June
2001, the original date that he was promoted in the ARNG to the rank of SSG
has been carefully considered.  However, there is insufficient evidence to
support this claim.

2.  The evidence of record confirms that the applicant was originally
promoted to SSG/E-6 in the NYARNG 9 June 2001.  However, during the
applicant’s RA enlistment processing, an HRC grade determination was
completed, which authorized his enlistment in the RA in the rank of SGT/E-
5.  The grade determination also confirmed there were no SSG/E-6 vacancies
in the applicant’s MOS that would allow his RA enlistment in that rank.
Therefore, there appears to be no error or injustice related to the
applicant’s enlistment rank that would support granting the relief
requested.

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.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___PMS_  __YM ___  __LGH__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




            ___Paul M. Smith_________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040009961                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/08/30                              |
|TYPE OF DISCHARGE       |ACTIVE DUTY                             |
|DATE OF DISCHARGE       |NA                                      |
|DISCHARGE AUTHORITY     |NA                                      |
|DISCHARGE REASON        |NA                                      |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |102.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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