RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 August 2007
DOCKET NUMBER: AR20070010642
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. Paul M. Smith | |Chairperson |
| |Mr. Rodney E. Barber | |Member |
| |Mr. Rowland Heflin | |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 U. S. Army Human Resources Command – St.
Louis (USAHRC –STL) Orders C-03-505520, dated 25 March 2005, and USAHRC –
STL Orders D-03-511765, dated 29 March 2005, be removed from his Official
Military Personnel File (OMPF).
2. The applicant states that USAHRC – STL has had him erroneously listed
in the U. S. Army Reserve (USAR) for a number of years. He enlisted in the
Regular Army on 31 July 1991 and has been serving in the Regular Army ever
since.
3. The applicant provides USAHRC –STL Orders C-03-505520, dated 25 March
2005; USAHRC – STL Orders D-03-511765, dated 29 March 2005; Army Good
Conduct Medal orders; Sergeant First Class (SFC), E-7 promotion orders; a
request for reenlistment and a 29 January 2002 Regular Army reenlistment
contract; and the front page of a noncommissioned officer evaluation report
for the period ending May 2005.
CONSIDERATION OF EVIDENCE:
1. The applicant’s personnel electronic management records system (IPERMS)
file is almost devoid of any documents prior to 1998 and is devoid of all
enlistment contracts except for his 29 January 2002 contract.
2. The applicant’s records are maintained on both the active duty IPERMS
and the USAHRC – STL IPERMS. USAHRC – STL’s IPERMS contains a
chronological statement of retirement points on the applicant showing he
has been in the USAR since 13 November 1998 (with no earlier service).
This system also shows his component as “Regular,” his date of initial
entry into military service (DIEMS) as 30 November 1990, and his pay entry
basic date (PEBD) as 31 July 1991.
3. The applicant reenlisted in the Regular Army on 29 January 2002. His
reenlistment contract for this date shows he had 10 years, 5 months, and
28 days of total active military service (i.e., back to 31 July 1991)
and 8 months and 1 day of total inactive military service (i.e., further
back to 30 November 1990). He was promoted to SFC, E-7 in the Regular Army
on 1 August 2004 in military occupational specialty (MOS) 73C.
4. The applicant’s active duty IPERMS and USAHRC – STL IPERMs contain two
USAHRC – STL orders. USAHRC –STL Orders C-03-505520, dated 25 March 2005,
released the applicant, as a Private, E-1 in MOS 11B, from the USAR Control
Group (Annual Training) and transferred him to the USAR Control Group
Reinforcement effective 25 March 2005. USAHRC – STL Orders D-03-511765,
dated 29 March 2005, discharged the applicant, as a Private, E-1 in MOS
11B, from the USAR effective 29 March 2005.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant’s IPERMS file is relatively empty (and he might
want to provide his servicing personnel office with additional documents
to file on IPERMS), his 29 January 2002 Regular Army reenlistment contract
is a clear indicator that he has been in the Regular Army since 31 July
1991 to the present and most likely was in the USAR, delayed entry program
from 30 November 1990 until his enlistment.
2. USAHRC –STL Orders C-03-505520, dated 25 March 2005, and USAHRC – STL
Orders D-03-511765, dated 29 March 2005, were clearly erroneously issued.
USAHRC – STL’s IPERMS clearly contains an erroneous chronological statement
of retirement points on the applicant.
BOARD VOTE:
__pms___ __reb___ __rch___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:
a. removing USAHRC –STL Orders C-03-505520, dated 25 March 2005, and
USAHRC – STL Orders D-03-511765, dated 29 March 2005, from his active duty
and USAHRC – STL’s IPERMS and from any other of his records; and
b. amending his chronological statement of retirement points to show
he had U. S. Army Reserve (delayed entry program) service from 30 November
1990 through 30 July 1991 and Regular Army Service from 31 July 1991 to the
present.
__Paul M. Smith_______
CHAIRPERSON
INDEX
|CASE ID |AR20070010642 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070828 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Ms. Mitrano |
|ISSUES 1. |100.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2008 | 20080008664
The applicant enlisted in the ARNG on 19 September 1985 for 8 years. The evidence of record shows the applicant never had a break in service (contrary to the applicants belief) from the time he enlisted in the ARNG on 19 September 1985 until he was transferred to the Retired Reserve in April 2007. The applicants records should be corrected to show he enlisted in the USAR effective 18 September 1999 for 3 years, that he never had a break in service, and that his PEBD is 19 September 1985.
ARMY | BCMR | CY2009 | 20090020894
The applicant requests, in effect, correction of her record to reinstate her in the Individual Ready Reserve (IRR) so she may maintain eligibility for payment under the Voluntary Separation Incentive (VSI) Program. The advisory official states there is no record showing the applicant reenlisted in the USAR on or after the date she completed her enlistment. There is no evidence she attempted to reenlist before or after her term of service expired on 9 November 2003 even though it was in her...
ARMY | BCMR | CY2006 | 20060017205C071029
The applicant requests, in effect, that his records be corrected to show he enlisted in the Regular Army on 11 October 2006 in the rank and grade of Master Sergeant (MSG), E-8. He was honorably discharged from the Regular Army on 31 March 1998 in the rank and grade of SSG, E-6. The advisory opinion stated that it was determined the applicant’s enlistment grade of E-6 was correct and that he could request a [SSG] date of rank correction in accordance with Army Regulation 600-20 (Army...
ARMY | BCMR | CY2008 | 20080000585C080213
Records at the AGR Branch, USAHRC STL show that the applicant was considered but not selected for promotion by the 2001, 2002, and 2003 AGR E-7 promotion boards. Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction), in effect at the time, paragraph 1-8e, stated that, when orders are published revoking an advancement or promotion, the Soldier's service in the higher grade may be determined to have been de facto so as to allow the Soldier to retain pay and...
ARMY | BCMR | CY2004 | 20040010830C070208
The applicant called the Delay and Exemption Board several times between 6 and 25 April 2004. The applicant states USAHRC – STL issued a memorandum notifying him he was being discharged. By memorandum dated 20 April 2004 and addressed to his home address, USAHRC – STL notified the applicant his request for exemption from active duty had not been finalized at that time and he was given an administrative delay of up to 30 days.
ARMY | BCMR | CY2004 | 20040000374C070208
The applicant's records show he received an OER for the period 1 May 1989 through 30 April 1990. The evidence of record shows that the applicant contacted USAHRC – STL (AR-PERSCOM at the time) in October 2001 concerning reappointment and was told to contact another office to see if he was eligible. There is insufficient evidence on which to justify a correction to the applicant's records (such as showing that he was discharged from the USAR prior to being twice nonselected for promotion to...
ARMY | BCMR | CY2009 | 20090019947
The advisory official stated that after a thorough review of the applicant's records, his office recommends his reinstatement to the rank of SFC with the understanding that he will not be eligible for promotion to master sergeant (MSG) until he completes all required NCO education courses. Neither promotion order indicates his promotion was conditional upon completion of NCOES. a. Paragraph 1-27 (NCOES Requirement for Promotion and Conditions Promotion) states that a Soldier must be a WLC...
ARMY | BCMR | CY2010 | 20100009544
The applicant requests correction of her records to show she is entitled to U.S. Army Reserve (USAR) service credit and back pay and allowances for the periods 30 April 2004 through 31 July 2004 and 1 August 2005 through 1 August 2007. The applicant was assigned to the Retired Reserve after she had been twice non-selected for promotion in May 2004. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Revoking Orders...
ARMY | BCMR | CY2009 | 20090021440
The applicant states that he was dismissed from the Army on 31 January 2002 as a result of a general court-martial conviction but he was never issued a DD Form 214. If no DD Form 214 is available, issue a "Statement of Service" or transcript of military record. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. voiding the Official Statement of Service, issued by USAHRC-STL on 2 April 2004 and b. issuing the applicant a...
ARMY | BCMR | CY2010 | 20100006995
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his record to show he was transferred to the Retired Reserve. The applicant's request for correction of his record to show he was transferred to the Retired Reserve is not supported by the evidence.