IN THE CASE OF:	  

		BOARD DATE:	  	  16 October 2008

		DOCKET NUMBER:  AR20080006483 


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 various documents be added to his Official Military File and that his Enlisted Record Brief (ERB) be updated.  He also requests correction of his enlistment contract to show he enlisted in the rank of Sergeant First Class (SFC)/pay grade E-7 and he was authorized a bonus.

2.  The applicant states, in effect, the inaccuracies and documents that are missing from his personnel records are adversely affecting his career and family:

     a.  The applicant states that his military personnel records are inaccurate, they do not reflect the actual facts, and are missing important documents.  The applicant identifies specific personal data, military service dates, military occupational specialties (MOS), dates of rank, military training and education, civilian education, evaluation reports, awards and decorations, and other personnel management information that he believes is incorrect and/or missing from his records.

     b.  With regard to his rank at the time of his enlistment in the Regular Army (RA), the applicant states he served on active duty in support of Operations Noble Eagle, Enduring Freedom, and Iraqi Freedom from 26 January 2003 to
12 October 2003 and from 31 October 2004 to the present, and he was promoted to the rank of Staff Sergeant (SSG)/pay grade E-6 on 15 June 2004.

         (1)  The applicant states he applied for the Reserve Component (RC) to Active Component (AC) program on 1 January 2006, but received no response to his request for more than 6 months.  He adds he was notified of his selection for promotion on 10 June 2006 and was promoted to the rank of SFC (E-7), effective and with a date of rank (DOR) of 1 July 2006.  He also states that the Chief, Mobilization Support Branch, U.S. Army Human Resources Command (USA HRC), approved his application for enlistment into the RA to enlist in the rank of SSG (E-6) with primary MOS (PMOS) 88N (Traffic Management Coordinator) on 26 July 2006.

     (2) The applicant states that on the date he was scheduled to be discharged, he was offered an enlistment contract with no Selective Reenlistment Bonus (SRB) and in the rank of SSG (E-6), despite the fact that he had been promoted. He was also told that if he did not sign it, he would be separated from military service and would not find it easy to come back in as a SSG (E-6).  He further states he was assured he could address the situation at a later date, so he signed the enlistment contract.  He adds that several Army officials have attempted to assist him in correcting his enlistment contract, but their efforts have not been met with any success.

3.  The applicant provides 64 documents in support of his application.  These documents are listed and identified in the Supporting Documents Information section of the applicant's electronic submission of his Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552, dated 10 April 2008.

CONSIDERATION OF EVIDENCE:

1.  Army Regulation 600-8-104 (Military Personnel (MILPER) Information Management/ Records) prescribes policies, operating tasks, and steps governing the Official Military Personnel File (OMPF); Military Personnel Records Jacket (MPRJ); Career Management Individual File (CMIF); Personnel Qualification Record (PQR); ERB; and Military Personnel Information Management as a work category.  It is linked to Army Regulation 600-8 (Military Personnel Management) and provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support MILPER Information Management/Records.  Paragraph1-10 (Overview) provides that MILPER information is a multifunctional program.  It requires the connectivity of all other personnel functions and multifunctional programs.  Information about Soldiers is accumulated at various locations.  Essential personnel information is recorded in a record for use by personnel managers, commanders, and the individual Soldier.  It states the primary responsibility for accumulating personnel information is the Military Personnel Division (MPD)/Personnel Service Center (PSC). 


2.  Army Regulation 600-8-104, Chapter 2 (Official Military Personnel File), in pertinent part, provides instructions for forwarding documents that are authorized for file in the OMPF.  Chapter 5 (Enlisted MILPER Information Management/ Records), in pertinent part, provides guidance on source documents used to post items on the ERB that will be filed in the OMPF or returned to the Soldier for disposition.  This Army regulation also states that only entries authorized by this regulation may be made on the records.  This Army regulation further provides that enlisted Soldiers will review their records during the following events: 
(1) when the records are first prepared; (2) during in-and-out processing and  pre-separation processing; (3) during unit training, deployment exercises, or at command discretion; (4) as directed by promotion authority in preparation for promotion/selection boards; and (5) upon Soldier visits to the MPD/PSC, or in conjunction with other personnel actions. 

3.  Army Regulation 15-185 (Army Board for Correction of Military Records), the regulation under which this Board operates, in pertinent part, provides that the Board will not consider any application if it determines the applicant has not exhausted all available administrative remedies.

4.  The applicant requests update of his military personnel records (i.e., OMPF and ERB) pertaining to his personal data, military service dates, military occupational specialties, dates of rank, military training and education, civilian education, evaluation reports, awards and decorations, and other personnel management information.  Military Personnel Records Management is a function of command and officials at the applicant's installation personnel service support/human recourses office are best equipped to assist the applicant in updating his military personnel records.  In addition, those officials will be able to provide desk-side personal assistance and advise the applicant regarding entries that may or may not be authorized on the ERB and definitive information on documents that are or are not authorized to be filed in the OMPF.  These issues will not be further discussed in the Record of Proceedings.

5.  There is no evidence that the applicant attempted to update and/or correct his military personnel records at the local (installation) personnel service support center or through administrative channels to the USA HRC.  As a result, the applicant's request for these routine updates and/or corrections of his military personnel records will not be discussed further in this Record of Proceedings.  However, should the applicant's efforts to update/correct his records not be resolved to his satisfaction, and he still feels that an error or injustice exists, he may resubmit an application to this Board, including evidence of the denial of his request for administrative correction of his records.

6.  The applicant's military service records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 2 March 1988.  This document shows that he enlisted in the U.S. Army Reserve (USAR) on
6 February 1984, entered active duty in the RA on 14 March 1984, and he held PMOS 19E (M48 - M60 Armor Crewman).  This document also shows the applicant was honorably released from active duty (REFRAD) on 2 March 1988, in the rank of Sergeant (SGT)/pay grade E-5, and transferred to the USAR Control Group (Reinforcement), Reserve Component Personnel Administration Center, St. Louis, Missouri.  At the time, he was credited with completing 3 years, 11 months, and 19 days net active service this period and 0 years, 1 month, and 8 days total prior inactive service.

7.  The applicant's military service records show that he enlisted in the USAR for a period of 6 years on 8 May 2001.  

8.  The applicant's military service records contain a DD Form 214, with an effective date of 7 October 2003, that shows he was ordered to active duty on
27 January 2003 in support of Operation Enduring Freedom and he held PMOS 88N2O (Traffic Management Coordinator).  This document also shows the applicant was honorably REFRAD on 7 October 2003, in the rank of SGT (E-5), and transferred to the 1186th U.S. Army Transportation Terminal Brigade, Jacksonville, Florida.  At the time, he was credited with completing 0 years,
8 months, and 11 days net active service this period.

9.  The applicant's military service records contain a copy of Headquarters,
81st Regional Readiness Group, Fort Jackson, South Carolina, Orders
04-197-00013, dated 15 July 2004, that show the applicant was promoted to the rank of  SSG (E-6), in PMOS 88N3O, effective and with a DOR of 15 June 2004.

10.  The applicant's military service records contain a copy of Headquarters,
70th Regional Readiness Command, Seattle, Washington, Orders 06-209-00002, dated 28 July 2006, that show the applicant was promoted to the rank of SFC  (E-7), in PMOS 88N4O, effective and with a DOR of 1 July 2006.

11.  The applicant's military service records contain a DD Form 214, with an effective date of 31 October 2006, that shows he was ordered to active duty on
1 November 2004 in support of Operation Noble Eagle/Iraqi Freedom and he held PMOS 88N4O (Traffic Management Coordinator).  This document also shows the applicant was honorably discharged on 31 October 2006, in the rank of SFC (E-7), based upon completion of required active service.  At the time, he was credited with completing 2 years, 0 months, and 0 days net active service this period; 4 years, 8 months, and 0 days total prior active service; and 0 years, 1 month, and 8 days total prior inactive service.
12.  The applicant's military service records contain a copy of Headquarters,
USA HRC, Alexandria, Virginia, memorandum, dated 26 July 2006, subject:  Request for Enlistment as a Mobilized Reserve Component Soldier into the Regular Army.  This document shows, in pertinent part, the Chief, Mobilization Support Branch, notified the applicant his application for enlistment into the RA was approved for him to enlist in the rank of SSG (E-6) with PMOS 88N, provided he was otherwise eligible and enlisted in accordance with MILPER Message Number 05-143.

13.  The applicant's military service records contain a DD Form 4-Series (Enlistment/Reenlistment document - Armed Forces of the United States).  This document shows that the applicant enlisted in the U.S. Army for a period of
3 years, in the grade of E-6, effective 1 November 2006.  The DD Form 4, Section B (Agreements), Item 8, in pertinent part, states "[t]he additional details of my enlistment/reenlistment are in Section C and Annex(es) "NA" and Item 8, block b (Remarks), is absent an entry.

14.  In the processing of this case, an advisory opinion was obtained from the Chief, Force Alignment Division, USA HRC, Alexandria, Virginia.  The Chief, Force Alignment Division, advised that a thorough review of the applicant's enlistment contract, dated 1 November 2006, was conducted.  This review revealed that the applicant was processed for enlistment without consideration of his promotion to SFC.  The advisory official also stated that the applicant entered the Army through the RC to AC program under the provisions of MILPER message number 05-143, dated 16 June 2005, which does not allow reduction in rank.  However, the advisory official added that the applicant is not authorized a bonus in the grade of SFC.  Accordingly, the Chief, Force Alignment Division, recommended the applicant be granted partial relief.

15.  On 25 July 2008, the applicant was provided a copy of the Chief, Force Alignment Division, USA HRC, advisory opinion in order to have the opportunity to respond.  To date, the applicant has failed to provide a response.

16.  Army Regulation 601-280 (Army Retention Program) prescribes criteria for the Army Retention Program and sets forth policies, command responsibilities for the immediate reenlistment or extension of enlistment of Soldiers currently serving in the Active Army, and enlistment, transfer and assignment of Soldiers processing from the Active Army to the Reserve Components of the U.S. Army.

17.  MILPER Message Number 05-143, dated 16 June 2005, subject:  Enlistment of Mobilized USAR or Army National Guard of the United States (ARNGUS) Soldiers into the RA, implemented a policy to allow the enlistment of mobilized USAR and ARNGUS Soldiers in the RA.  This document states the seamless transfer of RC Soldiers to the RA is consistent with the Continuum of Service concept.  The procedural guidance states, in pertinent part, RC Soldiers, with less than 18 years of service, may apply to transfer from RC to RA anytime within 6 months of their projected demobilization or release from active duty date, to include at the demobilization station.  It also states, grade determination is not required for mobilized RC Soldiers; these Soldiers will enlist into the RA at their current rank.

18.  Headquarters, Department of the Army, Retention Management Branch, Message Group:  Policy, dated 5 January 2006, subject:  Enlistment of Mobilized USAR or ARNGUS Soldiers into the RA, announced guidance for AC and RC Retention personnel, along with procedures for enlistment of approved Mobilized RC Soldiers into the RA consistent with the Continuum of Service concept.  The message provided additional guidance to prepare the DD Form 4 and Annexes for RC Soldiers approved to enlist into the RA.  In pertinent part, this document states, “[l]ine 8b of the DD Form 4 will contain SRB information only, provided Soldier is otherwise qualified.  All other promises in connection with this enlistment will be annotated on the RCPSSB approval memorandum (Annex A.)  If qualified for an SRB, prepare a DA Form 4789 and attach to the enlistment contract as Annex B; remove the word “NONE” from the DD Form 4, block 8b, and insert the SRB information” and "[i]f Soldier is not qualified for SRB, but there is a Seasonal Bonus (SB) in effect at the time of the enlistment, remove the word "NONE" from the DD Form 4, block 8b, and insert the SB information."

19.  MILPER Message Number 06-042, dated 6 February 2006, subject:  Selective Reenlistment Bonus - Inventory Program, announced changes to the RA AC SRB program, effective 7 February 2006.  Paragraph 6 of the message, in pertinent part, provides that "[t]he SRB multipliers listed in this message are targeted for SPC [Specialist (E-4)], SGT, and SSG" and also provides the following exception: "SFC in CMF [Career Management Field] 18, MOS 37F, 79R, 89D and those MOS with SQI [Skill Qualification Identifier] "T" may reenlist for the SRB listed for SSG, if otherwise qualified.

20.  Army Regulation 600-20 (Army Command Policy) prescribes policy on basic responsibilities of command, military discipline and conduct, and enlisted aspects of command.  Chapter 3 (Enlisted Aspects of Command), paragraph 3-4 (Date of rank, enlisted Soldiers) provides, in pertinent part, on subsequent enlistment/ reenlistment without a break in service of more than 90 days, the Soldier retains the DOR of the grade held prior to reenlistment.



21.  Army Regulation 601-280, Chapter 11 (Forms, Records, and Reports), paragraph 11-10 (Other errors detected or changes required after execution and distribution of DD Form 4), in pertinent part, provides that corrections will be made utilizing a DA Form 4187 (Personnel Action) indicating the corrections to the DD Form 4.  A copy of the approved correction with appropriate enclosures will be forwarded to the appropriate records custodian.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show he enlisted in the rank of SFC (E-7) and he was authorized a bonus.

2.  The evidence of record shows that the applicant was promoted to the rank of SFC (E-7), effective and with a DOR of 1 July 2006 in PMOS 88N.  The evidence of record also shows the applicant was approved for enlistment as a mobilized RC Soldier into the RA in the rank of SSG (E-6) with PMOS 88N on 26 July 2006.  Thus, based on the timeline, it is reasonable to conclude the document approving the applicant's enlistment as a mobilized Soldier into the RA was prepared in error with respect to the applicant's grade.

3.  The evidence of record shows the applicant was discharged, in the rank of SFC (E-7), on 31 October 2006, based on completion of required active service.  The evidence of record also shows he enlisted in the RA on 1 November 2006 in the rank of SSG (E-6).  The evidence of record further shows that under the provisions of MILPER Message Number 05-143, consistent with the Continuum of Service concept, a grade determination is not required for RC Soldiers and instructs that these Soldiers will enlist into the RA at their current grade.  Thus, it is reasonable to conclude that the administrative error contained on the document approving the applicant's enlistment was carried forward to his enlistment contract where his grade was recorded as "E-6."  Therefore, in view of the foregoing, it would be appropriate to correct the applicant's DD Form 4 to show he enlisted in the grade of "E-7."

4.  The evidence of record shows that Soldiers in the grade of SFC (E-7) in CMF 18, MOS 37B, 79R, 89D, and those with SQI "T" could reenlist for the SRB that were announced, effective 7 February 2006.  The evidence of record also shows, at that time, the applicant's PMOS was 88N4O.  In addition, there is no evidence the applicant was awarded SQI "T."  Thus, he did not qualify for a bonus based on his CMF, MOS or SQI.  Therefore, the applicant is not entitled to correction of his records to show entitlement to any enlistment or reenlistment bonus.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X_____  ___X____  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 he enlisted in the U.S. Army on 1 November 2006 in pay grade E-7.

2.  In addition, as a result of this correction, the Defense Finance and Accounting Service shall be notified of the Board's determination and remit payment to the applicant of all back pay (i.e., pay and allowances, less any withholdings and/or deductions) due as a result of this correction.

3.  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 any enlistment bonus, selective reenlistment bonus, or seasonal bonus.  




      _______ _   _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)                                         AR20080006483



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ABCMR Record of Proceedings (cont)                                         AR20080006483



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