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. | |
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