RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            8 December 2005
      DOCKET NUMBER:   AR20050002494


      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. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Mr. Scott W. Faught               |     |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, an adjustment to his date of rank
(DOR).

2.  The applicant states, in effect, that he was promoted to the pay grade
E-4 while serving in the United States Air Force (USAF) prior to his
enlistment in the Army National Guard (ARNG) on 25 June 2003.  He also
states that his DOR was changed upon entering the ARNG and that it should
not have been.  He further asks to be compensated for any back pay and
allowances that he would have received if his DOR was not changed when he
enlisted in the ARNG.

3.  The applicant provides the following documents in support of his
application:  30 Jul 1985 USAF Separation Document (DD Form 214); 7 March
2005 ARNG Separation Document (DD Form 214); Record of Military Processing-
Armed Forces of the United States (DD Forms 1966/2, 1966/3 and 1966/4);
State of North Carolina Office of the Adjutant General (NCOTSG) Orders
Number (#) 195-146, dated 6 October 2003; Enlistment/Reenlistment Document
(DD Form 4/1 and 4/2) and Annex A); Army National Guard (NGB Form 21);
Enlistment Eligibility Questionnaire (NGB Form 1104-R-E); and Statement of
Understanding of Reserve Obligation and Responsibilities (NGB Form 590).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that after having completed 6
months and 27 days prior inactive service, the applicant enlisted and
entered active duty in the USAF on 17 August 1982.  He continued to serve
in the USAF until he was honorably released from active duty (REFRAD) on
19 September 1985.

2.  The DD Form 214 he was issued upon his REFRAD from the USAF shows he
held the rank and pay grade of Senior Airman/E-4, which he had attained on
30 July 1985.  It also shows he completed a total of 3 years, 1 month and 3
days of active military service during that period of service.

3.  On 25 June 2003, the applicant enlisted in and entered North Carolina
Army National Guard (ARNG) for a period of six years.  His enlistment pay
grade was E-4.  He was trained in, awarded and served in military
occupational specialty (MOS) 11B (Infantryman).

4.  The applicant was ordered to active duty in support of Operation Iraqi
Freedom in OTAG Orders # 194-146 on 1 October 2003.  He served on active
duty for 1 year, 5 months and 7 days until being honorably REFRAD on 7
March 2005.  The DD Form 214 he was issued at the end of this period of
active duty service shows he held the rank and pay grade of Specialist/E-4
(SPC/E-4) and that his DOR was 25 June 2003, the date of his enlistment in
the ARNG.

5.  During the processing of this case, an advisory opinion was obtained
from the Chief, Personnel Division, Army National Guard Bureau.  This
official states that ARNG enlistment policy stipulates that if an applicant
has a break in military service of 24 months or more, his/her DOR will be
the date of enlistment in the ARNG.  This official further indicates that
because the applicant’s break in service between the end of his USAF
service and his enlistment in the ARNG exceeded 24 months, he is not
entitled to have his DOR backdated to the date he was promoted to pay grade
E-4 in the USAF, nor is he entitled to back pay.

6.  The applicant was forwarded a copy of the advisory opinion on 9 June
2005 to provide his comments and/or rebuttal.  To date, the applicant has
not responded to the advisory opinion.

7.  National Guard Regulation 600-200 (Enlisted Personnel Management)
prescribes the policy for the management of ARNG enlisted Soldiers.
Chapter 2 contains the policy and criteria for enlistment in the ARNG.  It
states, in pertinent part, that if an applicant has a break in military
service of 24 months or greater, the DOR is the date of enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DOR should be changed to 30 July
1985, the original date he was promoted to the pay grade E-4 in the USAF
and the supporting documents he submitted were carefully considered.
However, there is insufficient evidence to support this claim.

2.  By regulation, the DOR for applicant’s with a break in military service
of
24 months or greater will be the date of enlistment in the ARNG.  The
evidence of record in this case confirms the applicant was REFRAD in the
USAF, in the pay grade E-4, on 19 September 1985, and he enlisted in the
ARNG more than seventeen years later on 25 June 2003.  He entered the ARNG
in the pay grade
E-4 and his DOR was properly established as 25 June 2003 in accordance with
the applicable regulatory policy.  Therefore, there appears to be no error
or injustice related to the applicant’s DOR that would support granting the
requested relief.
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

___RTD__  ___JBG_  ___SWF_  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.





            ____Richard T. Dunbar ___
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050002494                           |
|SUFFIX                  |                                        |
|RECON                   |NO                                      |
|DATE BOARDED            |2005/12/08                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2005/03/27                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Completion of required service          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |102.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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