RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 June 2007
	DOCKET NUMBER:  AR20070005580 


	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.  


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Ms. Sherri V. Ward

Chairperson

Mr. Richard T. Dunbar

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 his date of rank (DOR) for staff sergeant (SSG/E-6) be adjusted from 5 October 2006 to 16 June 2001. 

2.  The applicant states, in effect, that the issue of his DOR occurred during his enlistment on active duty, on 5 October 2006.  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.  He states that the Army Human Resources Command (AHRC) was generous enough to assist him in establishing his DOR for SSG/E-6. He discovered that his DOR should be 16 June 2001.  He adds that Fort Meade MEPS (Military Entrance Processing Station) had his DOR as 5 October 2006.  He now asks that the Board change his DOR and update his ERB (Enlisted Record Brief) to reflect his DOR as 16 June 2001 for SSG/E-6.

3.  The applicant provided no additional documentation in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in U.S. Army Reserve on 15 November 1986.  He enlisted in the Regular Army on 12 November 1986 and was trained as a cavalry scout, in military occupational specialty (MOS), 19D, Cavalry Scott.  He was promoted to staff sergeant (SSG/E-6) effective 1 September 1989.  

2.  The applicant enlisted in the USAR on 6 October 1994, for 6 years, in pay grade E-5, prior to his release from active duty in the Regular Army.  

3.  The applicant served until he was honorably released from active duty on 19 December 1994, in pay grade E-6.  He was transferred to the USAR (Reinforcement). 

4.  He was promoted to SSG/E-6, while serving in the USAR, with an effective date and DOR of 20 February 1997.

5.  The applicant continued to serve until he was honorably discharged from the USAR effective 16 October 2001, in the rank of SSG.

6.  The applicant reenlisted in the USAR on 20 December 2004.  He was ordered to active duty on 25 August 2005.  

7.  On 13 June 2006, the applicant submitted a request for a conditional release from the USAR to enlist in the Regular Army.  His request was approved on the same day.

8.  He was honorably released from active duty on 30 June 2006, in the rank of sergeant first class (SFC/E-7).  He was transferred to the USAR Control Group (Reinforcement).  His DD Form 214, dated 30 June 2006, shows his effective date of pay grade for SFC/E-7 as 3 September 2001.   

9.  Orders for promotion to SFC/E-7 are unavailable for review.  A review of the applicant's OMPF (Official Military Personnel File) reveals no orders promoting him to SFC/E-7. 

10.  The applicant reenlisted in the Regular Army on 5 October 2006, in the pay grade of E-6, for 3 years.   

11.  In the processing of this case, an advisory opinion was obtained from the Chief, Force Alignment Division, AHRC-Alexandria.  The opinion stated that after a thorough review of the Soldier’s enlistment contract dated 5 October 2006, no relief was recommended for the Soldier’s request for reinstatement of rank.  His case had been extensively reviewed at the highest levels and was determined that E-6 was the correct grade.  The opinion concluded that the applicant must follow policy IAW (in accordance with) Army Regulation 600-20 for DOR correction.

12.  Army Regulation 600-20 (Army Command Policy), paragraph 2-20, pertains to date of rank, for enlisted Soldiers.  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 as the date of enlistment in the Regular Army.

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 (Regular Army).

	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.  An inquiry was made of the U.S. Army Human Resources Command (AHRC)-St. Louis, Enlisted Promotions Branch, for verification of selection for promotion to sergeant first class (SFC/E-7).  AHRC was unable to verify, by their records, if he was considered or recommended for promotion to SFC and that they had no orders on file promoting the applicant to SFC/E-7.  

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.  He submitted a request for enlistment in the Regular and was approved.  He enlisted in the pay grade of E-6.  

2.  The AHRC informed the applicant that his enlistment in the Regular Army in pay grade E-6 was the correct pay grade at the time of his enlistment, on 5 October 2006. 




3.  The applicant alleges that 16 June 2001 should be considered his DOR for SSG instead of 5 October 2006 and that AHRC was generous to assist him in establishing his DOR for SSG/E-6.  He is currently serving in the rank and pay grade of SSG/E-6.  He has provided no evidence, and there is none, to show that his DOR should be adjusted to 16 June 2001.  He has also provided no evidence to show that AHRC provided him any assistance in adjusting his DOR from 5 October 2006 to 16 June 2001 or that he was informed that his DOR should be 16 June 2001 instead of 5 October 2006.  

4.  Based on the foregoing information, the applicant is not entitled to adjustment of his DOR from 5 October 2006 to 16 June 2001.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__SW___  __RTD__  __DWT__  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.




______Sherri V. Ward______
          CHAIRPERSON




INDEX

CASE ID
AR20070005580
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070621
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR  ACTIVE DUTY 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
102
2.

3.

4.

5.

6.