IN THE CASE OF:
BOARD DATE: 18 February 2009
DOCKET NUMBER: AR20080016284
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 is a sergeant (SGT), pay grade E-5.
2. The applicant states, in effect, that his commander and first sergeant gave him permission to work in Kosovo as a civilian contractor and he worked there from 17 August 2005 through 1 November 2007. However, the Ohio Army National Guard (OHARNG) and the Kansas Army National Guard were unfamiliar with the procedures that would have allowed him to fulfill his Split Unit Training Assembly (SUTA) requirements while he was in Kosovo. Therefore, the OHARNG carried him in an absent without leave (AWOL) status for 2 years and his rank was wrongfully reduced. He also states that he spoke with an Army recruiter about returning to active duty, and he was told he would have to enlist as a private (PVT), pay grade E-1. Therefore, he would like his rank restored to SGT.
3. The applicant provides six pages of e-mail traffic in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army, on 6 August 1998, for a period of
3 years. He completed the required training and was awarded military occupational specialty (MOS) 19D (Scout). The highest rank he attained while serving on active duty was SGT.
2. The applicant's military service records contain a DD Form 214 that shows he was honorably released from active duty on 5 August 2001 after completing a total of 3 years of active service.
3. The applicant enlisted in the OHARNG, on 6 August 2001, for a period of
3 years and he continued to serve in MOS 19D. The highest rank he held while serving in the OHARNG was SGT.
4. The applicant was ordered to active duty in support of Operation Joint Guardian from 5 July 2004 through 27 March 2005. On 23 August 2005, he was released from active duty and reverted to the OHARNG. The highest grade he held during this active duty tour was SGT.
5. The applicant submitted six pages of e-mail traffic, dating from 13 August 2005 through 24 February 2006, requesting an interstate transfer to conduct SUTA with an ARNG unit deployed to Kosovo.
6. The applicant's record contains a copy of Orders Number 300-01, Ohio Army National Guard, Headquarters, 37th Infantry Brigade Combat Team, Columbus, Ohio, dated 27 October 2006, which shows he was reduced to private (PVT), pay grade E-1 for misconduct.
7. The applicant's record contained a copy of a Department of the Army and Air Force, National Guard Bureau, Report of Separation and Record of Service, which shows the applicant was discharged on 3 December 2006 in accordance with National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-35j, for unsatisfactory performance and he received a general discharge (under honorable conditions).
8. The applicant's record contains a copy of a DD Form 4/1 (Enlistment/ Reenlistment Document, Armed Forces of the United States which shows he enlisted in the Regular Army (RA) on 6 February 2008, in the rank of PVT/E-1.
9. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the RA and the U.S. Army Reserve (USAR). Paragraph 3-17 (Enlistment pay grade and terms of enlistment for RA applicants with prior military service) of this regulation, states, in pertinent part, that a higher grade is not authorized for applicants who have been reduced in rank and discharged as a member of a Reserve Component. If the applicant was last separated from any component or is a current member of a Reserve Component in grades E1 through E3 with not more than 5 years active Federal service and enlists within 48 months from the date of separation, the enlistment grade will be the same grade held at time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contentions that his records should be corrected to show he is a SGT was carefully considered and found to be without merit.
2. The applicant's record shows he was reduced to PVT/E-1 on 27 October 2006. The applicants record shows he held the rank of PVT/E-1 on the effective date of his separation from the OHARNG. The applicant's record shows he was authorized to reenlist in the RA in the rank of PVT/E-1. There is insufficient evidence which shows the applicant actually served with an Army National Guard unit while in Kosovo. Therefore, he in not entitled to correction of his records to show his rank as SGT/E-5.
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) AR20080016284
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ABCMR Record of Proceedings (cont) AR20080016284
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