Search Decisions

Decision Text

ARMY | BCMR | CY2006 | AR20060001949C070205
Original file (AR20060001949C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            23 MARCH 2006
      DOCKET NUMBER:   AR20060001949


      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:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Jeffrey Parsons               |     |Member               |
|     |Mr. Edward Montgomery             |     |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) be adjusted from 22
April 2005 to 1 December 1997.

2.  The applicant states that he was promoted to the pay grade of E-6 on
1 December 1997 and was discharged on 6 November 2002.  He again enlisted
on 9 March 2005 in the pay grade of E-6 and believes that his DOR should be
his original DOR of 1 December 1997.

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

CONSIDERATION OF EVIDENCE:

1.  He initially enlisted in the Regular Army on 17 September 1987 and
served until he was honorably released from active duty in the pay grade of
E-5 on 27 June 1991.

2.  He again enlisted in the Regular Army on 1 July 1992 and remained on
active duty through continuous reenlistments.  He was promoted to the pay
grade of   E-6 on 1 December 1997 and on 6 November 2002, he was honorably
discharged under the provisions of Army Regulation 635-40, paragraph 4-
24b(3) for disability with severance pay.  He had served 14 years, 1 month,
and 17 days of total active service and received $59,983.20 in disability
severance pay.

3.  On 22 April 2005, while in Heidelberg, Germany, he was granted a waiver
and enlisted in the Regular Army for a period of 3 years in the pay grade
of E-6.  He was assigned to Fort Hood, Texas.

4.  Army Regulation 600-20, Army Command Policy, provides in paragraph 3-4b
(2)(a), that on subsequent enlistments in the Regular Army with a break in
service of more than 90 days, the DOR 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 enlisted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was originally promoted to the pay grade of E-6 on 1
December 1997 and served in that pay grade for 4 years, 11 months and 6
days before being discharged on 6 November 2002.
2.  He again enlisted in the Regular Army in the pay grade of E-6 on 22
April 2005.  Accordingly, his DOR should be adjusted to a date 4 years, 11
months, and 6 days prior to his current enlistment date, which equates to
17 May 2000.

3.  The applicant’s contention that his DOR should be adjusted to his
original DOR has been noted and found to be without merit.  The applicable
regulation provides that he receive credit for the period he served in his
former grade; however, it does not provide that he receive credit from the
time he was discharged until he again enlisted.  In other words, he stopped
accumulating time in grade when he was discharged.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JI ___  ___JP___  ___EM __  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 by showing that his DOR in the pay grade of E-6 is
17 May 2000.

2.  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 so much of the application that pertains to
adjusting his DOR to 1 December 1997.




                                  _____   John Infante______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001949                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060323                                |
|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          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |N/A AC Soldier on AD                    |
|ISSUES                  |315/DOR                                 |
|1.131.0500              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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


Similar Decisions

  • ARMY | BCMR | CY2006 | 20060005685C070205

    Original file (20060005685C070205.doc) Auto-classification: Denied

    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. 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. At the time the applicant enlisted in the Regular Army, he did so with the understanding that he would be enlisting in...

  • ARMY | BCMR | CY2007 | 20070005580

    Original file (20070005580.txt) Auto-classification: Denied

    The applicant requests, in effect, that his date of rank (DOR) for staff sergeant (SSG/E-6) be adjusted from 5 October 2006 to 16 June 2001. While the Army Board for Correction of Military Records (ABCMR) was reviewing the issue of reinstating his rank to sergeant first class (SFC/E-7), he had asked the Board to also review his DOR for SSG/E-6. It states, in pertinent part, that on enlistment in the Regular Army following discharge from the USAR, the DOR of the enlistment grade is the same...

  • ARMY | BCMR | CY2005 | 20050013332C070206

    Original file (20050013332C070206.doc) Auto-classification: Denied

    Qawly Sabree | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his date of rank (DOR) be adjusted to 17 April 1997. His DOR was adjusted to 23 May 1997 when he originally entered active duty and that was his DOR at the time he was voluntarily REFRAD at his own request.

  • ARMY | BCMR | CY2006 | 20060011946

    Original file (20060011946.txt) Auto-classification: Denied

    x The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that his date of rank to MAJ should be adjusted to one of the following dates: the date he entered the Individual Ready Reserve (IRR), which was 4 March 2005; the date he should have been promoted while serving on active duty, which would have been in the Spring of 2003 or 2004; or the date he was promoted to MAJ in the Army National Guard (ARNG). The...

  • ARMY | BCMR | CY2006 | AR20060001277C070205

    Original file (AR20060001277C070205.doc) Auto-classification: Approved

    David Tucker | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. In the processing of this case, a staff advisory opinion was obtained in the form of a service computation made by officials of the Human Resources Command – Alexandria, which indicates that the applicant was not credited with 19 days of active duty performed while assigned to the National Guard and thus his BASD was adjusted to 19 July 1985. As a result, the...

  • ARMY | BCMR | CY2006 | AR20060003520C070205

    Original file (AR20060003520C070205.doc) Auto-classification: Approved

    Rowland Heflin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, the removal of permanent orders 357- 25 dated 23 December 1997 and permanent orders number 205-4 dated 24 July 1998 from his Official Military Personnel File (OMPF). The applicant states that the two cited orders are duplicate orders of awards of the second and third awards of the Good Conduct Medal (GCMDL) and they should be...

  • ARMY | BCMR | CY2001 | 2001051136C070420

    Original file (2001051136C070420.rtf) Auto-classification: Approved

    The applicant was considered by the next available Reserve CW3 Promotion Board, the FY94 promotion board, but was not selected for promotion. The effective date for the applicant’s promotion to CW3 from the FY95 board His present promotion memorandum to CW4, dated 1 August 2000, should be corrected to be dated 19 May 2000, the adjournment date of the promotion board and therefore the effective date for promotion to CW4 and the date from which CW4 pay and allowances should be paid.

  • ARMY | BCMR | CY2008 | 20080016275

    Original file (20080016275.txt) Auto-classification: Denied

    The evidence of record shows that the applicant was promoted to SSG on 1 September 2002. He was accordingly scheduled to attend BNCOC; however, due to his surgery, he requested a deferment in July 2003 of his August 2003 BNCOC class. However, he provided no evidence to show he informed anyone between November 2003 and August 2004 (when he deployed) that he was medically cleared to attend BNCOC.

  • ARMY | BCMR | CY2005 | 20050005988C070206

    Original file (20050005988C070206.doc) Auto-classification: Denied

    The applicant provides a copy of her report of separation (DD Form 214), a copy of her OERs, her notification of release from active duty (REFRAD), her separation orders, her appointment memorandum, orders promoting her to chief warrant officer two (CW2), her officer record brief (ORB), the results of her appeal of three OERs to the Officer Special Review Board (OSRB), the results of her request for promotion reconsideration to the OSRB, and statements from three fellow warrant officers who...

  • ARMY | BCMR | CY2002 | 2002071811C070403

    Original file (2002071811C070403.rtf) Auto-classification: Approved

    The applicant states, in effect, that he separated from the service in the pay grade of E-7 and after a 9 ½ year break, again enlisted in the Regular Army in the pay grade of E-6. In the processing of the applicant’s application to the Board, the Army Reserve Personnel Command (ARPERSCOM) provided an advisory opinion to the Board, which opined, in effect, that under Army Regulation 140-158, a subsequent contractual reentry into the USAR will not authorize grade restoration. While he is not...