RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20060007515


      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. Joyce A. Wright               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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, reinstatement to the rank of staff
sergeant (SSG/E-6) effective 22 September 2004, with an original date of
rank (DOR) of 17 February 2004.

2.  The applicant states, in effect, that the MEPS (Military Entrance
Processing Station) processed his grade determination waiver for only one
of his three military occupational specialties (MOSs), 42A (Human Resource
Specialist).  He states that this MOS was being cut back by the Army.  He
was also qualified as a 79R (Recruiter) and 63H (Track Vehicle Repairer).
These two MOSs were not even looked at and were in demand at the time of
his enlistment.  He further states that in Army Regulation 601-210, all
MOS's for prior service enlistment contracts, would be looked at to
determine rank and MOS eligibility.  Only his PMOS was considered.

3.  The applicant provides several documents from his Official Military
Personnel File (OMPF), with attached memorandums, a copy of MILPER
(Military Personnel) Message Number 05-143, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in U.S. Army Reserve
on 15 December 1988, as a heavy wheel vehicle repairman in MOS 63W, in pay
grade E-1.

2.  Item 6 (MOS/Title), of his DA Form 2-1 (Personnel Qualification Record
– Part II), shows he was awarded the MOS of 63W effective 10 August 1989,
the MOS of 79R effective 17 December 1999, and the MOS of 75H (now known as
42A) effective 18 September 2003.  Item 35 shows that he served in all
three MOSs.

3.  The applicant was ordered to active duty (AD) on 27 January 2003.

4.  The applicant was promoted to SSG/E-6, with an effective date and DOR,
on 17 February 2004, in MOS 75H.

5.  On 29 April 2004, while serving on AD, the applicant submitted a
request for conditional release from the USAR to enlist in the Regular Army
(RA).  His request was recommended for approval on 7 May 2004 and was
approved on 16 June 2004.



6.  The applicant was released from AD on 30 June 2004, in the rank of SSG,
with 42A listed as his primary (PMOS).

7.  Item 11 (Primary Specialty), of his DD Form 214 (Certificate of Release
or Discharge from Active Duty), lists all 3 MOSs (42A, 63H, and 79R).

8.  On 27 August 2004, the Chief, Retention Management Division, Army Human
Resources Command (AHRC) prepared a memorandum for the Commander, US Army
Recruiting Battalion, St. Louis, Subject:  Determination of Eligibility,
pertaining to the applicant.  This official stated that a request for grade
determination for the purpose of enlistment in the RA was approved in the
grade of E-5, provided the applicant was otherwise qualified and enlists
for retraining in MOS 88M under Option 3 (U. S. Army Training of Choice
Enlistment Option only – No First Assignment could be guaranteed).  This
determination was valid for 180 days from the date of the memorandum.  Term
of Enlistment would not exceed 4 years.  The applicant would acknowledge
that he was being enlisted as a sergeant (SGT/E-5) conditionally and that
he must complete retraining and obtain the required clearance for the
selected MOS.  The memorandum contained instruction that those Soldiers who
fail to complete the training or to obtain security clearance would be
reported to AHRC for determination of grade, new MOS, and assignment.

9.  The applicant's military records show he enlisted in Regular Army (RA)
on 22 September 2004, as a motor transport operator in MOS 88M, in the pay
grade of E-5, for 3 years.

10.  On 28 September 2004, the applicant was honorably discharged from the
USAR as a result of his enlistment in the Regular Army.

11.  On 23 January 2006, a request for grade determination was submitted by
   the S-1, Human Resources Technician, Headquarters, 1st Brigade Combat
Team, Fort Drum, New York, to the Army Human Resources Command (AHRC),
regarding the applicant.  The Human Resources Technician, requested that a
grade determination be made considering all MOS's in which the applicant
was qualified (42A, 79R, 63W), correction of his current grade, and a
reinstatement of his DOR.  He stated all MOSs were not considered during
the assessment process for the applicant's return to AD.  The applicant was
promoted to the rank of SSG/E-6 while on AD in the USAR, had a short break
in service, and returned to the RA.  The S-1 official stated that approval
of this request would be in the interest of the Army's goals in the
critical MOS’s for which the applicant was qualified at the 3 level.
12.  On 4 May 2006, the Chief, Force Alignment Division, AHRC prepared a
memorandum for the Commander, 2nd Battalion, 345th Regiment, Fort Jackson,
South Carolina, Subject:  Verification of Grade, pertaining to the
applicant.  This AHRC official stated that a request for exception to
policy had been reviewed but could not be favorably considered.  An
enlistment grade validation had determined that the enlistment grade of E-5
was correct.  The applicant was not eligible for consideration under MILPER
(Military Personnel) message 05-143.

13.  MILPER Message Number 05-143, dated 2 June 2005, provided the
following implementing instructions for Enlistment of Mobilized USAR or
Army National Guard of the United States (ARNGUS) Soldiers into the RA.
The seamless transfer of Reserve Component Soldiers to the Regular Army is
consistent with the Continuum of Service Concept.  The message states that:

      a.  RC Soldiers, with less than 18 years of service, may apply to
transfer from the RC to RA anytime within 6 months of their projected
demobilization or release from AD date, to include at the demobilization
station.  Additionally, Soldiers, who have out processed from the
demobilization site but are granted leave enroute to their parent unit or
who are on terminal leave may also apply for enlistment in the RA under
this policy prior to the end date of their leave, as they have not been
released from AD.

      b.  Soldiers who apply at the mobilization station will be placed on
ADSW-AC (Active Duty for Special Work-Active Component) orders (formerly
TTAD [Temporary Tour of Active Duty]) extending them on AD until the
application is processed.

      c.  If a RC Soldier is the recipient of an enlistment/reenlistment
incentive, and is in the process of fulfilling the service obligation
required by the incentive, he or she will be notified that the unearned
incentives may be subject to statutory recoupment on a pro-rata basis upon
enlistment into the RA:

      d.  Grade determination is not required for mobilized RC Soldiers.
These Soldiers will enlist into the RA at their current rank: and

      e.  If the applicant's current MOS is determined by the AHRC to be
"over strength" in the RA, the Soldier will be given the opportunity to
reclassify into an "under strength" or "critical" MOS at the time of
transfer.  The Soldier will be notified of this prior to their transfer
into the RA.


14.  Army Regulation 601-210 covers eligibility criteria, policies, and
procedures for enlistment and processing into the Regular Army (RA) and the
US Army Reserve.  Paragraph 3-17 pertains to enlistment pay grade and term
of enlisted for RA applicants with prior military service.  Paragraph 3-
17(b)(3) stated that an applicant last separated from any Component or is a
current member of an RC in the grade of SGT, with not more than 17 years
active Federal service (AFS), or in the grade of SSG, with not more than
17 years AFS, or in the grade of sergeant first class (SFC) through
sergeant (SGM), regardless of years of service, but with fewer than 20
years, the enlistment grade and eligibility will be determined by the
Commanding General (CG), AHRC.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was serving in the USAR
in the rank and pay grade of SSG/E-6.  He saw the opportunity to enlist in
the Regular Army and continue his career.  A request for grade
determination was submitted and approved for his enlistment in the RA, in
the pay grade of E-5, provided he was otherwise qualified.  The applicant
was authorized to enlist in MOS 88M, in the rank of SGT/E-5, and enlistment
was authorized for a maximum of 3 years.

2.  The evidence shows that another request for grade determination was
submitted, after the applicant's enlistment in the RA.  The request was
submitted based on an assumption that not all MOS's were considered during
the assessment process for the applicant's return to AD.

3.  The AHRC informed the applicant's unit that a request for exception to
policy had been reviewed but could not favorably be considered and his
enlistment grade was correct.  It had been determined that he was not
eligible for consideration under the provisions of MILPER Message 05-143
for enlistment, in effect, at the pay grade, E-6.

4.  The applicant is currently serving in the rank and pay grade of E-5.
For promotion to the pay grade E-6, he must now be recommended by his
current commander for promotion to the next higher grade of E-6 and
approved for standing promotion list status.

5.  Based on the foregoing information, the applicant is not entitled to
reinstatement to the rank of SSG/E-6, effective 22 September 2004, with an
original DOR of 17 February 2004.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JCR___  _WDP___  _KSJ___  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.




                                  _____William David Powers_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007515                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060831                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |ACTIVE DUTY                             |
|DISCHARGE AUTHORITY     |ACTIVE DUTY                             |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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