RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         04 NOVEMBER 2004
      DOCKET NUMBER:  AR2004104894


      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. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. James Anderholm               |     |Member               |
|     |Mr. Jonathon Rost                 |     |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 adjustment of his date of rank to staff
sergeant, pay grade E-6.

2.  The applicant states that he was promoted to staff sergeant while on
active duty with a date of rank of 20 December 1986, serving almost five
years in that grade.  He served in the Army National Guard for over three
years, for a total of   8 years, 6 months, and 6 days [in pay grade E-6].
On 6 July 1995 he transferred to another Army National Guard unit,
requiring an administrative reduction.  His date of rank should have been
adjusted prior to his current date of rank.

3.  The applicant provides the documents depicted herein.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 12 December 1981 for
three years.  He was promoted to staff sergeant pay grade E-6 effective on
1 January 1987 with a date of rank of 20 December 1986.  He continued on
active duty until his discharge on 19 December 1991 under the provisions of
the FY92 early transition program.

2.  On 20 December 1991 he enlisted in the California Army National Guard
for one year in pay grade E-6.

3.  On 6 July 1995 the applicant was transferred from his Army National
Guard unit in California to a unit in the Ohio Army National Guard.  His
rank on that transfer order is shown as staff sergeant.  On 19 December
1995 the applicant was discharged from the Army National Guard of Ohio and
as a Reserve of the Army.  His rank and pay grade on his report of
separation are shown as sergeant, pay grade E-5, respectively, with a date
of rank of 1 January 1987.

4.  On 21 July 1998 the applicant enlisted in the Army Reserve for six
years in pay grade E-4.  On his enlistment documents, he indicated that he
took an administrative reduction to pay grade E-5 when he transferred from
the California Army National Guard to the Ohio Army National Guard in 1995.


5.  Orders published by the 88th Regional Support Command shows that the
applicant's MOS (military occupational specialty) was changed effective on
3 May 1999.  Those orders show his rank as SPC (specialist, pay grade E-4).
 The applicant's NCO (noncommissioned officer) evaluation report for the
period ending in December 2000 shows that the applicant was a sergeant, pay
grade   E-5, with a date of rank of 13 December 1999.

6.  On 12 December 2001, the applicant, then on an AGR (Army Guard/Reserve)
tour of duty at Redstone Arsenal, Alabama, was promoted from sergeant E-5
to sergeant E-6 effective and with a date of rank of 1 January 2002.

7.  On 8 January 2003 the applicant requested to the Army Reserve Personnel
Command at St. Louis adjustment of his date of rank to pay grade E-6.  In
his request he stated that the Ohio Army National Guard accepted his
transfer on     6 July 1995 and since it was a National Guard interstate
transfer no reduction orders were necessary.  An addendum to the
applicant's request shows that on 14 May 2003 the Army Reserve Personnel
Command returned his request without action, indicating that his date of
rank adjustment was denied based on the provisions contained in Army
Regulation 140-158, paragraph 7-12.

8.  On 7 August 2003 the Commandant of the Army NCO Academy at Fort McCoy,
Washington requested that the applicant's date of rank be adjusted to   25
June 1993, stating that upon promotion to staff sergeant in the AGR
program, his date of rank should have been adjusted to reflect the time
previously served as a staff sergeant.

9.  On 10 December 2003 the Human Resources Command informed the applicant
that his request for date of rank restoration or adjustment was
disapproved.

10.  Army Regulation 140-158 provides for special promotions of Army
Reserve Soldiers.  Paragraph 6-2g of that regulation states in pertinent
part that Soldiers reduced under paragraph 7-12b may be promoted to their
former grade under certain conditions.  Paragraph 7-12b states that a
Soldier on AGR status may request a voluntary reduction to one pay grade to
qualify for a new tour position.  It also states that a Soldier may
volunteer for reduction to one or more lower pay grades and that such
reductions will normally be limited to Soldiers desiring reduction for
voluntary entry on active duty in the Active Army or on AGR status.

11.  That paragraph also states that, "Enlistment at a lower grade … is a
contractual agreement and reduction orders are not issued.  Since the
Soldier is discharged from the USAR, without a reduction action and
voluntarily contracts to enlist at a lower grade, it is not considered as a
grade reduction within the meaning of this regulation.  Subsequent
contractual reentry into the USAR will not authorize grade restoration
under paragraph 6-2g."

DISCUSSION AND CONCLUSIONS:

1.  Although administratively reduced in grade upon his transfer to the
Ohio Army National Guard in 1995, he is not entitled to an adjustment of
his date of rank as he contends.  The applicant had no military status from
December 1995 until his enlistment in the Army Reserve in pay grade E-4 in
July 1998.  He was not reduced in grade within the meaning of Army
Regulation 140-158, but signed a contractual agreement to enlist in pay
grade E-4, and subsequently was promoted to staff sergeant with an
appropriate date of rank in accordance with regulatory authority.

2.  The applicant's contention that he is authorized an adjustment in his
date of rank to staff sergeant has no merit.  Consequently, his request is
denied.

3.  The applicant has submitted neither probative evidence nor a convincing
argument in support of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MM__  ___JA  __  __JR  ___  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.





                                  ______Melvin Meyer_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104894                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041104                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |129.05                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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