RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            22 August 2006
      DOCKET NUMBER:   AR20060005685


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Jerome Pionk                  |     |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 that his date of rank (DOR) for promotion to the
pay grade of E-7 be reinstated to his prior-service promotion date.

2.  The applicant states that he is a prior-service noncommissioned officer
(NCO) who was promoted to the pay grade of E-7 on 21 October 1988 and
exited the Army in 1992.  He goes on to state that he reentered the Army
and was again promoted to the pay grade of E-7 on 1 April 2006 and he
desires to have his DOR adjusted to reflect the time he served in that
grade during his prior service.

3.  The applicant provides copies of his promotion orders, enlistment
contract and report of separation (DD Form 214).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted on 27 June 1978 and remained on active duty
through a series of continuous reenlistments.  He was promoted to the pay
grade of E-7 on 1 November 1988.

2.  On 28 July 1992, he was honorably discharged under the provisions of
Army Regulation 635-200, paragraph 16-8 and the Fiscal Year 1992 Enlisted
Voluntary Early Transition Program.  He had served 14 years. 1 month and 2
days of total active service and received $48,085.28 in Special Separation
Benefits (SSB).

3.  He enlisted in the United States Army Reserve (USAR) on 29 July 1992
for a period of 3 years, in the pay grade of E-7 and remained in the USAR
until he was honorably discharged on 21 June 1994.

4.  On 23 August 2001, he again enlisted in the USAR in the pay grade of E-
6 for a period of 6 years.  He remained in the USAR until he enlisted in
the Regular Army with a waiver on 14 February 2002, in the pay grade of E-
6.  At the time of his enlistment his contract indicated that his DOR would
be adjusted at his first duty station in accordance with Army Regulation
600-20.

5.  He applied to this Board for an adjustment of his DOR in the pay grade
of E-6 and this Board granted his request by adjusting his DOR to 11
February 1993.  He subsequently applied to the Board again and was granted
a Broken Service Selective Reenlistment Bonus as an exception to policy.


6.  On 28 February 2005, he reenlisted in the Regular Army in the pay grade
of E-6 for an indefinite period.

7.  He was promoted to the pay grade of E-7 effective 1 April 2006, with a
DOR of 1 April 2006.

8.  In the processing of this case a staff advisory opinion was obtained
from the Human Resources Command in Alexandria, Virginia, which opines that
the applicant was afforded a DOR adjustment when he reentered the Army as a
prior service enlistee and that he was not entitled to any further
adjustments.  The advisory opinion was provided to the applicant for
comment and to date, the staff of the Board has received no response from
the applicant.

9.  Army Regulation 600-20 provides the guidance for establishing the DOR
of enlisted soldiers.  It provides, in pertinent part, that the DOR of
prior service personnel will be established at the time a Soldier reenters
the service and if the Soldier had a break in service of more than 90 days,
the DOR of the enlistment grade is the date preceding the enlistment by a
period equal to the length of time previously service in the Regular Army
in the same or higher grade than in which reenlisted.

DISCUSSION AND CONCLUSIONS:

1.  At the time the applicant enlisted in the Regular Army, he did so with
the understanding that he would be enlisting in the pay grade of E-6 and
that his DOR would be adjusted.  His DOR was subsequently adjusted to allow
him credit for his prior service in the same and higher grade in accordance
with the applicable regulation.

2.  The applicant’s promotion to the pay grade of E-7 was based on his
being selected by a centralized promotion selection board and his DOR for
promotion to the pay grade of E-7 was determined by his new adjusted DOR to
the pay grade of E-6.

3.  He was properly promoted and given a DOR in accordance with the
applicable laws and regulations in effect at the time, with no indication
of any violations of his rights.  Accordingly, there is no basis to further
adjust his DOR.

4.  In order to justify correction of a military record the applicant must
show 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

____LS__  ___JM __  ____JP__  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.





                                  _____Linda Simmons_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005685                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060822                                |
|TYPE OF DISCHARGE       |N/A AC Soldier on AD                    |
|DATE OF DISCHARGE       |N/A AC Soldier on AD                    |
|DISCHARGE AUTHORITY     |N/A AC Soldier on AD                    |
|DISCHARGE REASON        |N/A AC Soldier on AD                    |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |Ar 15-185                               |
|ISSUES                  |315/DOR                                 |
|1.131.0500              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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