RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 November 2005
      DOCKET NUMBER:  AR20050004005


      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. Michael J. Fowler             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Ms. Jeanette R. Mccants           |     |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, as the wife of the service member (SM), requests that
her husband's date of rank be changed to 31 July 2001, his initial date of
enlistment be changed from 1 December 1987 to 10 February 1987, and that he
be considered for promotion to Sergeant First Class (SFC), E-7 by a Standby
Advisory Board (STAB).

2.  The applicant states, in effect, that the SM was told by his recruiter
before his reenlistment that he would not lose his rank of SFC.  The
applicant further states the SM was reduced to Staff Sergeant (SSG) E-6
because the Army did not have SFC slots for his military occupational
specialty (MOS) 11B prior to his reenlistment on 26 October 2004.

3.  The applicant states that the SM had previously served 3 years as an
SSG while on active duty.  The applicant states that her husband should not
be punished for returning to active duty and that he should be sent before
a STAB.  The applicant concludes that the initial date of enlistment in the
SM's records show 1 December 1987 and the date should be corrected to show
10 February 1987.

4.  The applicant provides a Memorandum of Record, signed by the SM, dated
15 October 2005,  authorizing her to do all procedures on his behalf for
correction of his date of rank; 3 DD Forms 214 (Certificate of Release or
Discharge from Active Duty); a NGB Form 22 (Report of Separation and Record
of Service); an Enlisted Record Brief, dated 22 January 2005; Kentucky Army
National Guard (KYARNG) Orders 050-820, dated 19 February 2004; U.S. Army
Human Resources Command (AHRC) memorandum, dated 9 September 2004; a DD
Form 4/1 (Enlistment/Reenlistment Document-Armed Forces of the United
States), dated 26 October 2004; Military Entrance Processing Station (MEPS)
Orders 4300001, dated 26 October 2004; AHRC memorandum, dated 13 April
2005; and 2 DA Forms 1506 (Statement of Service - for Computation of Length
of Service for Pay Purposes), dated 23 September 2005.

CONSIDERATION OF EVIDENCE:

1.  The SM is now serving in Operation Enduring Freedom.

2.  The SM's 1987 DD Form 4/1 and enlistment packet is not available.  A DD
Form 214 with the ending period 9 February 1990 shows he enlisted in the
Regular Army (RA) on 11 February 1987 and was honorably separated on
9 February 1990.  He enlisted in the RA on 9 May 1995 and was promoted to
the rank of SSG, E-6 on 1 June 1999.  His DD Form 214 with the ending
period
11 October 2001 shows he was honorably separated from the RA on 11 October
2001 after serving 2 years, 4 months, and 11 days in the rank of SSG.

3.  A DD Form 4/1 dated 31 July 2002, item B8 (Agreements) show that the SM
enlisted in the KYARNG for 1 year.

4.  A DD Form 214 with the period ending 26 January 2004 shows that the SM
served on active duty in the rank of SSG from 26 January 2003 through
26 January 2004.

5.  KYARNG Orders 050-820, dated 19 February 2004, shows the SM was
promoted to SFC with an effective date of 1 March 2004.

6.  By memorandum dated 9 September 2004, Subject: Determination of
Eligibility, Army Human Resources Command (AHRC) informed the U.S. Army
Recruiting Command the SM's enlistment in the RA in the grade of E-6 was
approved if he was qualified and enlisted for the 10th Mountain Division
Replacement Detachment.  AHRC further stated there were no vacancies in the
SM's MOS 11B for SFC.

7.  A DD Form 4/1 dated 26 October 2004, item B8 shows the SM enlisted in
the RA for 3 years.  Item B8c shows that the SM acknowledged that the
agreements in this section and the attached annex(es) were all the promises
made to him by the government.  Anything else anyone had promised him was
not valid and would not be honored.

8.  In the processing of the case, an advisory opinion was obtained from
the AHRC.  AHRC stated Army Regulation 601-210 (Regular Army and Reserve
Enlisted Program), in effect at the time, authorized applicants with prior
service to retain their current grade if enlisting within 24 months
following separation, or if a current member of a reserve component, and if
a vacancy existed.

9.  The advisory opinion further stated at the time of the SM's enlistment
there were no vacancies in his primary MOS in the grade of E-7.  MOS 11B
was at
104 percent with 20 Soldiers pending promotion to E-7.  There were no
vacancies in the grade of E-6 which was at 103 percent; however, the SM was
approved to enter in that grade as an exception to policy based on no
pending promotions to E-6.

10.  A DA Form 2166-8 (Non-commissioned Officer Evaluation Report) for
rating period November 2004 through April 2005 shows the SM's date of rank
to SSG as 26 October 2004.
11.  Paragraph 3-4b(2)(a) of Army Regulation 600-20 (Army Command Policy)
states, for a Soldier with a break in military service of more than 90 days
and who reenlists in the Regular Army, the date of rank of the enlistment
grade is the date preceding the reenlistment date by a period equal to the
length of time previously served in the Regular Army in the same or higher
grade than that in which reenlisted.

12.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) states,
in pertinent part, a STAB is convened to consider records of those from the
primary and secondary zones not reviewed by a regular board.

13.  Military Personnel Message Number 04-216, dated 30 October 2004,
announced the Fiscal Year (FY) 2005 zones of consideration for promotion to
SFC for the board that convened on 2 November 2004.  In pertinent part, it
stated that the primary zone date of rank was 1 October 2001 and earlier
and the secondary zone was 2 October 2001 through 1 February 2003.

14.  Military Personnel Message Number 05-251, dated 11 October 2005,
announced the FY 2006 zones of consideration for promotion to SFC for the
board that will convene on 31 January 2006.  In pertinent part, it stated
that the primary zone date of rank is 1 February 2003 and earlier and the
secondary zone is 2 February 2003 through 1 February 2004.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the SM was promoted to the rank of SSG in
the RA on 1 June 1999 and served in that grade until he separated on
11 October 2001.  He was promoted to SFC while in the KYARNG on 1 March
2004.  Upon his return to active duty in the RA there were no available
slots for SFC in his MOS 11B.  He was authorized enlistment, as an
exception to policy, as an E-6.  His effective date of rank for SSG upon
return to the RA was
26 October 2004.

2.  Evidence of record confirms the SM had previously completed 2 years,
4 months, and 11 days of service at the rank of SSG in the RA.  Therefore,
upon his 26 October 2004 enlistment in the RA, he was entitled to be
credited with that time previously served in the rank of SSG.  In
accordance with the governing regulation, his service on active duty as an
E-6 while in the KYARNG for the period 26 January 2003 through 26 January
2004 is not creditable towards adjusting his date of rank.

3.  In view of the facts in this case, it would be appropriate to correct
the SM's record to show 16 June 2002 as his date of rank based on the
credit for his time previously served at the rank of SSG in the RA.

4.  Once the correction has been made, the SM's records should be sent to
an applicable STAB for consideration for promotion to SFC.  Under the
criteria of the FY 2005 board, he would have been in the secondary zone at
the time with his adjusted date of rank.  The FY 2005 SFC promotion
selection board convened on 2 November 2004.

5.  The applicant contends that the SM was promised that he would not lose
his SFC rank before enlisting in the RA.  The evidence of record confirms
that the applicant was originally promoted to SFC in the KYARNG 19 February
2004.  However, an AHRC grade determination which authorized his enlistment
in the RA in the rank of SSG/E-6 also confirmed there were no SFC/E-7
vacancies in the applicant’s MOS that would allow his RA enlistment in that
rank.  Evidence further shows that the SM agreed to a 3 year enlistment at
the rank of SSG and acknowledged that the agreements in section B8 and the
attached annex(es) were all the promises made to him by the government.
Anything else anyone had promised him was not valid and would not be
honored.  Therefore, there appears to be no error or injustice related to
the applicant’s enlistment rank.

6.  The applicant further contends that the SM's records show his initial
date of entry in the RA was 1 December 1987 but should have showed 10
February 1987.  The SM's February 1987 enlistment contract is not
available; however, his DD 214 for the period ending 9 February 1990 shows
that his initial date of entry in the RA was 11 February 1987.  The
applicant provided no evidence to show 11 February 1987 is incorrect.
Therefore, it appears there is no error related to his initial enlistment
date.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___LE___  __ JED _   __ JRM  _  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected:

      a.  by changing his date of rank to 16 June 2002;

      b.  by making his records available for the next scheduled STAB for
promotion consideration to SFC under the FY 2005 criteria; and

      c.  if the above corrections are delayed and if required, by making
his records available for the STAB for promotion consideration to SFC under
the FY 2006 criteria.

2.  If he is not selected for promotion, he be notified accordingly.

3.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of that portion that pertains to showing he
enlisted on 26 October 2004 in the rank of SFC or changing his initial date
of entry in the RA.




                                  _____ Mr. Lester Echols ____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004005                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |17 November 2005                        |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |Mr. Schneider                           |
|2.                      |102.0700.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]