RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 May 2007
DOCKET NUMBER: AR20060015344
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. Gerard W. Schwartz
Acting Director
Mr. G. E. Vandenberg
Analyst
The following members, a quorum, were present:
Mr. Jeffrey C. Redmann
Chairperson
Mr. Ronald J. Weaver
Member
Mr. David W. Tucker
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, that she be shown to have enlisted in the rank and pay grade of staff sergeant (SSG)/E-6 and that her pay entry base date (PEBD) be corrected.
2. The applicant states, in effect, that there is no regulation mandating a reduction in rank or grade when a Soldier transfers from the United States Army Reserve (USAR) to the Regular Army (RA). She was promoted to SSG and served for over two years before enlisting in the RA. She also states that her PEBD is wrong.
3. The applicant provides copy of her 8 June 2006 DD Form 4/1 (Enlistment/Reenlistment Document).
CONSIDERATION OF EVIDENCE:
1. The records show the applicant enlisted in the USAR on 27 June 1997 with Initial Active Duty for Training (IADT) from 28 October 1997 through 13 February 1998. At this point she was awarded the primary military occupational specialty (MOS) of 57E (Laundry and Bath Specialist). (NOTE: the MOS 57E designation was converted to 92S in 2003).
2. The applicant was promoted to sergeant (SGT) on 31 March 2000 and to SSG on 4 October 2003.
3. The applicant completed training on 3 May 2004 and was awarded the MOS 68Q (Pharmacy Specialist).
4. On 9 June 2006 the applicant enlisted in the RA for four years as a sergeant in pay grade E-5. The DD Form 4 prepared at that time does not list her prior USAR service but indicates she elected to enlist with a priority MOS election.
5. A DA Form 1059 (Service School Academic Evaluation Report) indicates the applicant completed the 97E (Human Intelligence Collector) course on 3 November 2006.
6. The iPERMS (Personnel Electronic Records Management System) records currently indicates the following:
a. a grade of sergeant and date of rank of 8 June 2006;
b. a PEBD of 27 June 1997;
c. a last date of release from active duty of 20 April 2007;
d. a primary MOS of 68Q (Pharmacy Specialist); and
e. a secondary MOS of 92S (Shower/Laundry and Clothing Repair Specialist).
7. The iPERMS does not contain supporting documentation to show any reenlistment on 20 April 2007 or promotion to SSG as indicated on her DA Form 1059.
8. In the development of this case an advisory opinion was obtained from the Human Resources Command, Chief, Force Alignment Division. It was noted that the applicant's MOS 91Q was at 120 percent in the rank of SSG at the time the applicant enlisted. The applicant refused assignment in her secondary MOS. Per established policy she was administratively reduced and allowed to retrain into a priority MOS. The fact that the applicant enlisted in the RA on 8 June 2006 in the lower pay grade shows she was aware of these factors. No relief was recommended.
9. The advisory opinion was forwarded to the applicant for concurrence or rebuttal. There is no indication the applicant responded to the advisory opinion.
10. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) sets forth the eligibility criteria governing the enlistment of persons, with or without prior service (PS), into the Regular Army (RA) and the Army Reserve (AR). In pertinent part, it states for prior service personnel a grade determination eligibility will be made. Specifically, paragraph 16a(6) states that when an applicant, who had served in the grade of SGT or above, enlists but no vacancy exists in the applicant's current MOS, the Soldier may enlist as a SGT provided they accept retraining in a priority MOS provided by Human Resources Command (HRC) and the applicant has completed the appropriate NCOES leadership requirements or its equivalent. HRC will determine the MOS for retraining.
DISCUSSION AND CONCLUSIONS:
1. The date the applicant enlisted in the USAR, 27 June 1997, is the date that establishes her PEBD. The applicant has provided no documentation that this is incorrect.
2. The applicant's reduction was administrative in nature, not as a result of any disciplinary problem. When a Soldier enlists in the RA, with prior service, a grade determination must be made. In this case, it was determined that the applicant's primary MOS was over staffed in the pay grade of E-6. Therefore, enlistment in that grade did not meet needs of the Army.
3. The applicant was offered enlistment in pay grade E-6, if she reverted to her secondary MOS. Since she declined the MOS reversion, she was offered and accepted enlistment in her primary MOS in the pay grade of E-5 with a priority MOS retraining option. There was no error or injustice in this action.
4. 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
___JCR__ __DWT__ __RJW__ 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.
__Jeffrey C. Redmann__
CHAIRPERSON
INDEX
CASE ID
AR20060015344
SUFFIX
RECON
DATE BOARDED
20070524
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
112.0200
2.
3.
4.
5.
6.
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