IN THE CASE OF:
BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100018270
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 that his date of rank for promotion to the pay grade of E-4 be back-dated to 5 December 2008, when he was originally advanced to the pay grade of E-4.
2. The applicant states that he was serving in the pay grade of E-4 when he was brought back into the Army as an E-3. He goes on to state that when he got to the reception station he was given back his rank of E-4 and was told to apply to the Board to have his date of rank (DOR) back-dated.
3. The applicant provides:
* A copy of a DA Form 4187 advancing him to the pay grade of E-4 at the Reception Station on 3 November 2009.
* A copy of a DA Form 4187 advancing him to the pay grade of E-4 on 5 December 2008 at his USAR unit in California.
* A copy of his Regular Army enlistment contract
CONSIDERATION OF EVIDENCE:
1. The applicant initially enlisted in the Tennessee Army National Guard (TNARNG) in the pay grade of E-1 on 12 April 2007 for a period of 8 years and training as a multiple launch rocket system (MLRS) crewman.
2. On 13 May 2008 he enlisted in the United States Army Reserve (USAR) in Sacramento, California on 13 May 2008 for a period of 8 years, training as a dental specialist and a $15,000 enlistment bonus. He was advanced to the pay grade of E-4 on 5 December 2008.
3. On 29 October 2009, he enlisted in the Regular Army in Nashville, Tennessee in the pay grade of E-3 for a period of 4 years and 19 weeks as a MLRS crewman, assignment to Korea and a $15,000 prior service enlistment bonus. He acknowledged at the time that no other promises had been made to him that were not contained in his contract.
4. In the processing of this application a staff advisory opinion was obtained from the Human Resources Command (HRC) at Fort Knox, Kentucky which opines that that while he was enlisted in the pay grade of E-3, he was only authorized to be enlisted in the pay grade of E-2 and his advancement to the pay grade of E-4 was erroneous and was subsequently corrected by the Defense Finance and Accounting Service (DFAS). Officials at the HRC advised that the applicants request be denied.
5. A copy of the advisory opinion was provided to the applicant and to date no response has been received by the staff of the Board.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention has been noted and found to lack merit. The applicants enlistment contract clearly states that he was enlisting in the pay grade of E-3 and he acknowledged that he understood the conditions of his contract.
2. Although the applicant was subsequently promoted to the pay grade of E-4 at the reception station, that promotion was not valid and was subsequently revoked.
3. Accordingly, there appears to be no basis to reinstate the applicant to the pay grade of E-4 based on his enlistment in the Regular Army.
4. 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) AR20100018270
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ABCMR Record of Proceedings (cont) AR20100018270
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