BOARD DATE:	 29 June 2010 

		DOCKET NUMBER:  AR20090020221 


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, correction of her record by:

* changing her date of rank (DOR) for specialist (SPC)/E-4 to 13 October 2004 and paying her back pay for the period 13 October 2004 to 1 April 2006
* paying her a signing bonus for enlisting in 2003 during a time of war   
* advancing her on the retired list to the highest grade she satisfactorily held on active duty

2.  The applicant states:

		a.  although she [was placed on the Temporary Disability Retired List (TDRL)] in January 2007 in the grade of E-4 she previously held the grade of E-3 while serving on active duty;

		b.  she joined the military in December 2002 as an E-3 based on college credits and participated in the Reserve Officers' Training Corps (ROTC);

		c.  in 2005, she received orders for a 1-year tour at Camp Carroll in South Korea;

		d.  she was denied her rank and pay for "illegal reasoning" based on sexual assault, kidnapping, and sexual harassment; 

		e.  she served as an E-3 for 4 years with no letters of reprimand, demotions, or any other record of misconduct; and

		f.  she did not receive a signing bonus at enlistment for joining during wartime even though everyone received signing bonuses.

3.  The applicant provides eight documents listed in a table of contents.

CONSIDERATION OF EVIDENCE:

1.  The record shows the applicant served in the Missouri Army National Guard and U.S. Army Reserve.  She was trained in and awarded military occupational specialty (MOS) 71L (Administrative Specialist).  On 13 October 2004, the applicant enlisted in the Regular Army in pay grade E-3 for training in MOS 92A (Automated Logistical Specialist).

2.  Item 2 of her Dep-IN (Statement of Understanding-Regular Army Enlistment Delay for Applicants with Prior Service or an Existing Military Service Obligation), dated 11 September 2004, shows she reserved the following enlistment option to attend the course for MOS 92A:

* Program:  9A
* Title:  U.S. Army Training Enlistment Program
* Request Option:  03

3.  The record is void of documentation showing the applicant requested or was offered an opportunity to enlistment in a program with an enlistment bonus.

4.  An Enlisted Record Brief, dated 3 January 2007, shows the following:

* PMOS (primary MOS) 92A
* BASD (basic active service date) 20040625
* DOR for PFC, 20041013
* DOR for SPC, 20060401

5.  A DA Form 4187 (Personnel Action) shows the applicant was advanced to SPC/E-4 effective 1 April 2006.  





6.  The applicant provides a DA Form 3975 (Military Police Report), dated 
27 August 2005, showing she was named as the victim in an investigation of kidnapping, indecent assault, and cruelty of (sic) subordinates that allegedly occurred on 11 and 12 February 2005.  The report shows in Section I (Administration), item 3 (Evaluation) the complaint was unfounded.  

7.  The applicant provides a copy of Medical Evaluation Board (MEB) proceedings showing she was found unfit for further military duty due to post-traumatic stress disorder.  On 17 May 2006, the MEB referred the applicant to the Physical Evaluation Board (PEB) for consideration.

8.  PEB Proceedings in the applicant's record show, on 26 October 2006, a PEB found the applicant medically unfit and directed she be placed on the TDRL with reexamination during April 2008.  The applicant concurred with the proceedings and waived a formal hearing of her case.  On 25 January 2007, the applicant was medically retired and placed on the TDRL.  The record is void of documentation showing the results of any reexaminations or that she has been transferred to the Permanent Disability Retired List.

9.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) states for automatic promotion to SPC the requirements are 24 months time in service and 6 months time in grade.  Promotions to SPC may be waived at 18 months time in service and 3 months time in grade.  The basic active service date (BASD) will be used to determine time in service.

10.  The version of Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) in effect at the time stated to be eligible for an MOS-based enlistment bonus, an enlistee must be non-prior service (NPS), i.e., "Glossary NPS," meaning the enlistee had never been awarded an MOS.

11.  The National Call to Service Program (NCSP) was authorized by the National Defense Authorization Act beginning in Fiscal Year 2003.  It includes a number of incentive programs for members enlisting under the NCSP.  Enlistees under this program must be NPS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her DOR for SPC/E-4 should be changed to 
13 October 2004 and that she should be paid back pay, a signing bonus, and advanced on the retired list to the highest grade she satisfactorily held on active duty were carefully considered and found to be unsupported by the evidence.  

2.  The available record shows the applicant enlisted in the Regular Army as a PFC/E-3 on 13 October 2004 and she was promoted to SPC/E-4 on 1 April 2006.  Based on her prior Reserve Component service, her BASD was set at 25 June 2004.  Based on this BASD, the applicant was eligible for automatic promotion to SPC/E-4 on 24 June 2006.  The earliest possible date she could have been promoted to SPC/E-4 with a waiver for time in service was 24 December 2005.  Commanders with waiver authority are not obligated to exercise the authority to promote Soldiers to SPC/E-4 prior to their automatic promotion date.  

3.  The evidence of record shows the applicant's commander granted a waiver and promoted her to SPC/E-4 effective 1 April 2006.  There is no documentary evidence, nor has the applicant provided evidence, showing her promotion was delayed due to her involvement in the incidents that allegedly occurred on 11 and 12 February 2005.  Therefore, she is not entitled to correction of her record to show her DOR for SPC/E-4 was 13 October 2004, nor is she entitled to back pay as a SPC/E-4 for the period 13 October 2004 to 1 April 2006.  

4.  There is no documentary evidence showing the applicant was eligible for or offered an enlistment bonus.  Therefore, she is not entitled to correction of her record to show she is entitled to an enlistment bonus.

5.  The highest rank/grade the applicant held was SPC/E-4.  The evidence of record accurately shows this as her retired grade/rank.  Therefore, the record does not require correction of her retired grade/rank.

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)                                         AR20090020221



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ABCMR Record of Proceedings (cont)                                         AR20090020221



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