IN THE CASE OF:	 

		BOARD DATE:	  10 June 2010

		DOCKET NUMBER:  AR20100011286 


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 his rank of staff sergeant (SSG) be restored.  

2.  The applicant states the following:

* Prior to enlisting in the Army he served in the US Marine Corps (USMC) until he was honorably discharged in September 1992 in the rank of gunnery sergeant/E-7
* He attended every advanced school the USMC offered for his military occupational specialty (MOS) and rank 
* He was a successful Marine Corps Drill Instructor
* He reentered the military in February 2009 as a result of a grade determination and he was told he could not be considered for SSG "due to not having proper NCOES [Noncommissioned Officer Education System]" 
* He had no idea what NCOES was nor was he told by his recruiters
* He found out his DD Form 214 (Certificate of Release or Discharge from 
Active Duty) and school certificates were never considered during the grade determination process
* He did not discover the error until he was assigned to Company A, 
   173rd Brigade Support Battalion in Bamberg, GE
* His grade should be restored to E-6 effective 11 February 2009

3.  The applicant provides the following documents in support of his application:

* DD Form 214 for the period ending 1 September 1992 
* Certificate for the Marine Corps Drill Instructor Course dated 17 May 1984
* Certificate for the USMC Personnel Chiefs Personnel Administration Course dated 22 May 1981
* Certificate for the Senior Clerk Course 4-86 dated 10 September 1986
* Certificate for the USMC Staff Noncommissioned Officer (NCO) Academy Nonresident Program Leadership Course dated 30 July 1985
* Certificate for the USMC Staff NCOs Academy Nonresident 
   Program Applied Management Course dated 30 July 1985
* Two Certificates of Commendation from the USMC dated 
   28 August 1985 and 20 July 1986
* Master Brief Sheet
* Resume
* Navy Achievement Medal
* DD Form 4 (Enlistment/Reenlistment Document)
* DD Form 1966 (Record of Military Processing – Armed Forces of the 
   United States)
* Grade Determination Letter

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Regular Army (RA) in pay grade E-5.  

2.  After having prior active and inactive service, the applicant enlisted in the USMC on 14 December 1984 and served until he was honorably discharged on 
1 September 1992 in the rank of gunnery sergeant/E-7.  He was transferred to the USMC Reserve on the following day.  

3.  The applicant’s Master Brief Sheet shows he served 46 months as a sergeant (SGT), 63 months as a SSG, and 11 months as a gunnery sergeant in the Marine Corps.

4.  The applicant’s Master Brief Sheet and certificates show he completed the following courses in the Marine Corps:

* Administration Clerk
* Personnel Chiefs Personnel Administration 
* Staff NCO Academy Nonresident Program Leadership Course
* Personnel Clerk
* Drill Instructor
* Senior Clerk


5.  On 6 November 2008, the applicant underwent a grade determination for the purpose of enlisting in the Regular Army.  His grade was approved as E-5.  The grade determination statement shows “Comments:  NCOES is scanned in under applicant's supporting docs along with all other training certificates.”  “(Due to lack of proper NCOES applicant cannot be favorably considered in the rank of Staff Sergeant).”

6.  The applicant’s DD Form 1966/4 (Enlistment Contract) indicates the applicant's enlistment grade of E-5 was determined in accordance with Army Regulation 601-210, paragraph 3-17d(1) (Regular Army Prior Service Separated with Broken Service Selective Reenlistment Bonus (BSSRB)).

7.  The applicant enlisted in the Regular Army (RA) on 11 February 2009 as an E-5.

8.  In the processing of this case, a staff advisory opinion was obtained from the Chief, Force Alignment Division, U.S. Army Human Resources Command, Alexandria, VA.  This office recommended that the applicant’s request for restoration of his rank be denied and stated the following:

* Applicant required grade determination at the time of enlistment
* Recruiting Operations Center requested all documentation that would 
   substantiate his enlistment grade
* Applicant provided the Staff NCO Academy Nonresident Program 
   certificate and it was not considered a substitution for the Army NCOES
* Applicant voluntarily enlisted in pay grade E-5
* A review of the grade determination performed by the U.S. Army Recruiting Command (USAREC) was found to be without error and in accordance with established policy

9.  A copy of the opinion was provided to the applicant to allow him to comment.  On 8 May 2010, the applicant provided a response to the opinion and indicated the following:

* He presented all of the documents that he submitted to the board at 
the time of enlistment
* The Staff NCO Academy Nonresident Program Certificate is the only thing he submitted to justify restoring his rank
* He voluntarily enlisted as E-5 because of age, he could become a recruiter, and quickly get his rank back
* It was never explained to him what NCOES was as it pertains to the Army 
* He believes a decision was made without proper information


* He must have attained some level of NCOES to reach E-7 in the Marine 
Corps
* He earned his rank and paid the same price as every other E-7 
He served as a USMC Senior Drill Instructor Administrative Supervisor Company Operation NCOIC and currently as the Battalion Retention NCO
* The leadership skills he learned in the USMC are the same leadership skills he uses in the Army today

10.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the RA, the U.S. Army Reserve (USAR), and the Army National Guard (ARNG).  Paragraph 3-6 of this regulation states the pay grade on enlistment into the RA will be determined under paragraph 3–17.
   
   (a)  Grade determination submitted to the Commanding General (CG), 
USAREC will also be evaluated for enlistment eligibility.

   (b)  As required, grade determinations submitted to the CG, USAREC will have all medical or moral waivers completed prior to submission.

   (c)  All requests for grade determination in the rank of SGT and above will be csubmitted to the CG, USAREC for all prior service persons in categories not qualified for consideration under paragraph 3–16.

   (d)  When no vacancy exists in the current MOS for an individual in the rank of SGT, the individual may enlist as a SGT provided the individual accepts retraining in an MOS provided by the CG, USAREC and the individual has completed the appropriate NCOES leadership requirements or its equivalent. The CG, USAREC will determine the MOS for retraining.

   (e)  Attempts will be made to enlist all prior service (PS) individuals (regardless of component), to include Glossary non-prior service (NPS) individuals, in their former MOS.  If PS individuals request retraining, they will be afforded the opportunity to retrain into a different military occupational specialty (MOS) (new MOS will be based on the individual's aptitude scores and the needs of the Army).  This guidance will be followed until otherwise directed by Deputy Chief of Staff, G–1.

   (f)  Years of active service must be verified from DD Form 214/
DD Form 215.

   (g)  All individuals who enlist in the rank of SGT or above must have an electronic verification approval for assignment from CG, USAREC.  The date of rank (DOR) will be adjusted at the time of RA enlistment per Army Regulation 600–20.  Guidance counselors will advise individuals that this entry will be reviewed for correct entry.

   (h)  All individuals will have the authority for pay grade clearly annotated on the DD Form 1966:

   (1)  If the CG, USAREC determined grade, enter “Enlistment Rank 
Authorized by CG, USAREC, dated YYMMDD, Grade E-x verified by (name, guidance counselor).”

   (2)  If grade was determined by paragraph 3–17, enter “Enlistment Grade 
Authorized by AR 601–210, paragraph 3–17, dated (Day-Mo-Year), Grade E-x verified by (name, guidance counselor).”

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions regarding his PS in the USMC are acknowledged.  However, the evidence of record does not indicate an error or injustice exists in this case.  

2.  The available evidence shows the applicant completed prior service in the USMC from 14 December 1984 to 1 September 1992 in the rank of gunnery sergeant/E-7.  

3.  The applicant enlisted in the RA on 11 February 2009 in the rank of SGT/E-5.  During enlistment processing a grade determination approved enlistment in pay grade E-5.  The applicant voluntarily enlisted in the RA in this grade.  

4.  The applicant’s contention that he found out his DD Form 214 and school certificates were never submitted for consideration in his grade determination is acknowledged.  However, the evidence of record does not support his claim.  

5.  The applicant’s Master Brief Sheet and certificate show he completed the Staff NCO Academy Nonresident Program Leadership Course in the USMC.  However, this course is not equivalent to the Army NCOES to meet the requirement for enlistment in pay grade E-6.  

6.  The applicant contends he had no idea what NCOES was nor was he told by his recruiters.  However, the applicant had the opportunity to consult with his recruiter or guidance counselor about NCOES during the enlistment process.  

7.  The applicant also contends his DD Form 214 and school certificates were never submitted for consideration in his grade determination.  The available evidence does not support his claim.  It appears the grade determination was performed based on all the documents submitted by the applicant.

8.  The evidence of record does not substantiate the applicant’s claim that his grade should be restored to SSG effective 11 February 2009. 

9.  Therefore, the applicant’s service record lacks sufficient evidence to support his request.

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)                                         AR20100011286



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ABCMR Record of Proceedings (cont)                                         AR20100011286



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