IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080003694
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 rank be restored to sergeant (SGT/E-5).
2. The applicant states, in effect, that his DD Form 214 was incorrect at the time of his discharge. He adds that he was only out of the Army for 8 months and has lost his rank and his promotion status. He states that he made staff sergeant (SSG/E-6) before his ETS (Expiration of Term of Service) but the orders where never published due to his unit's redeployment, so he was told. He is currently stationed at Fort Stewart, Georgia, with the 92nd Engineer Battalion.
3. The applicant provides a copy of his ERB (Enlisted Record Brief) and a copy of his promotion orders to staff sergeant (SSG/E-6) and SGT/E-5 in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he enlisted in the Regular Army on 1 August 2000. He was trained as a Metal Worker, in military occupational specialty (MOS), 44B. He was promoted to SP4/E-4 effective 1 February 2002. He was promoted to SGT/E-5 effective 1 June 2004. He was reduced to SP4/E4 effective 6 May 2006.
2. On 25 January 2007, the 502nd Personnel Services Battalion (PSB) published Orders Number 025-04 promoting the applicant to SSG/E-6 with an effective date and date of rank of 1 December 2006.
3. The applicant served until he was honorably released from active duty on 16 February 2007, in the rank and pay grade of SPC/E-4. He was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).
4. Item 4a, of his DD Form 214, shows the entry "SPC," item 4b, shows the entry "E04," and item 12h (Effective Date of Pay Grade), shows the entry "2006 05 06" (6 May 2006).
5. After a break in service, he reenlisted on 4 October 2007, for 3 years, in the rank and pay grade of SPC/E-4.
6. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. Paragraph 3-17 covers enlistment pay grade for applicants with prior military service who are enlisting into the Regular Army.
Paragraph 3-17b(2) applies to applicants who were last separated from any component and are current members of a Reserve Component in the grade of
E-4 with not more than 7 years Active Federal Service, and who enlist within
48 months from date of separation, the enlistment grade will be SPC.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows that the applicant was promoted to SGT/E-5 effective 1 June 2004. He was reduced to SPC/E-4 effective 6 May 2006.
2. The applicant was promoted to SSG/E-6 by 502nd PSB Orders Number 025-04 which were published 23 days prior to his release from active duty. However, it is presumed that the 502nd PSB was unaware that he had been reduced to SPC/E-4 at the time of publication of his promotion orders to SSG/E-6 and was ineligible for promotion to this rank without again being promoted to the rank of Sergeant.
3. The applicant was released from active duty in the rank of Specialist. This is the rank he had served in since he was reduced from the rank of Sergeant on 6 May 2006.
4. The applicant claims that he was out of the Army for 8 months and lost his rank and his promotion status. According to regulatory authority, the applicant was eligible for and reenlisted in the rank and pay grade of SPC/E-4, the same rank he was serving in on his release from active duty.
5. The applicant claims that his promotion orders were never published due to his unit's redeployment, so he was told. The evidence shows that orders were published; however, had his unit informed the 502nd PSB that he had been reduced, orders would have never been published or they would immediately have been revoked.
6. There is no evidence the applicant was promoted to Sergeant after his reduction for misconduct and he is therefore not entitled nor eligible for reinstatement to the rank and pay grade of Sergeant, E-5. The applicant's
rank and pay grade at the time of his discharge was and is correct as currently constituted. Therefore, there is no basis to correct item 4a or 4b, of his DD Form 214 either.
7. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ___x____ ____x___ 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.
_ ___x____ ___
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) AR20080003694
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ABCMR Record of Proceedings (cont) AR20080003694
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