IN THE CASE OF:
BOARD DATE: 19 June 2008
DOCKET NUMBER: AR20070016247
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his records be corrected to show he enlisted on 12 October 2006 in the rank and grade of Sergeant (SGT), E-5.
2. The applicant states he believes that the documentation for justification to allow him to enlist as an E-5 was not submitted to the approval authority. The break in service he had was limited and did not have a paramount effect on his abilities to perform at the rank of SGT.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 March 2004; separation orders, dated 4 March 2004; U. S. Army Reserve (USAR) discharge orders, dated 19 April 2005; portions of his 12 October 2006 enlistment contract; a DA Form 1059 (Service School Academic Evaluation Report), dated 1 August 2001; SGT promotion orders, dated 27 July 2001; a Noncommissioned Officer Evaluation Report (NCOER), for the period ending July 2002; a Primary Leadership Development Course diploma; a DA Form 1506 (Statement of Service for Computation of Length of Service for Pay Purposes); and two statements of support, one dated 9 October 2007 and one dated 23 October 2007.
CONSIDERATION OF EVIDENCE:
1. After having had prior service in the USAR, the applicant enlisted in the Regular Army on 10 July 1998. He was promoted to SGT, E-5, on 1 August 2001 in military occupational specialty (MOS) 76J (Medical Supply Specialist) (later converted to MOS 91J). He was honorably released from active duty on 21 March 2004 in the rank and grade of SGT, E-5. He was honorably discharged from the USAR on 19 April 2005 in the rank and grade of SGT, E-5.
2. The applicants DD Form 1966 (Record of Military Processing Armed Forces of the United States) indicated a grade determination had been submitted on him, apparently on 6 June 2006, and his enlistment in the Regular Army was approved in the grade of E-5 provided he was otherwise qualified and enlisted for retraining in of the following MOSs: 21C (Bridge Crewmember), 21K (Plumber), 21W (Carpentry and Masonry Specialist), 92L (Petroleum Laboratory Specialist), or 92S (Shower/Laundry and Clothing Repair Specialist).
3. The applicants DD Form 1966 indicates that the grade determination dated 6 June 2006 was rescinded and revised instructions were that a grade determination for the purpose of enlistment in the Regular Army was approved in the grade of E-4 provided he was otherwise qualified. The DD Form 1966 also indicated that the applicant had written a statement of acknowledgement of the reduction to E-4 in writing.
4. The applicant enlisted in the Regular Army on 12 October 2006 for 3 years, in pay grade E-4, for the U. S. Army Station/Unit/Area/Command Enlistment Program and for training in MOS 68J (Medical Logistics Specialist) (which had been converted from MOS 91J effective 1 October 2006).
5. In the processing of this case, an advisory opinion was obtained from the U. S. Army Human Resources Command (HRC), Force Alignment Division. That office stated that at the time of the applicants enlistment his MOS of 91J was overstrength for SGT. He refused the MOSs that were offered at his grade of E-5, and in accordance with established policy he was administratively reduced and allowed to retrain into a priority MOS. Apparently, all MOSs at the skill level of 1 are priority MOSs.
6. A copy of the advisory opinion was provided to the applicant for comment or rebuttal. He did not respond within the given time frame.
7. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), paragraph 3-16a(6) of the version dated 16 May 2005, stated an applicant who was in the grade of SGT when no vacancy existed in his current MOS could enlist as a SGT provided he accepted retraining in an MOS provided by the HRC Eligibility Inquiry Section (EIS) and he had completed the appropriate Noncommissioned Officer Education System leadership requirements or its equivalent. HRC-EIS would determine the MOS for retraining.
DISCUSSION AND CONCLUSIONS:
1. The applicants prior exemplary service in the rank and grade of SGT, E-5, is noted. However, by time he enlisted in October 2006 there were no longer any vacancies in his MOS of 91J/68J. In accordance with the governing regulation, he was given the option of enlisting for training in several different shortage MOSs, any of which would have permitted him to enlist as an E-5. He opted to enlist in his same MOS, which was not one of the MOSs that would have permitted him to enlist as an E-5.
2. The applicants DD Form 1966 indicated that he had written a statement of acknowledgement of the reduction to E-4 in writing. In any case, he voluntarily signed his October 2006 enlistment contract. By signing that contract, he was agreeing to be enlisted in the rank and grade of Specialist, E-4. By doing so, he forfeited any entitlement to enlistment in the rank and grade of E-5. There is insufficient evidence that would warrant granting the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ ___xx___ ___xx___ 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.
_ _______ xxxx___________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070016247
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