IN THE CASE OF:
BOARD DATE: 5 May 2011
DOCKET NUMBER: AR20100024368
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 she be "reinstated back to E6 [staff sergeant or SSG] or at least to E5 [sergeant or SGT]."
2. The applicant states:
I have went to all the require [sic] schooling, both civilian and military. I have obtained this rank in good faith and I am more then [sic] capable of keeping it. This was an admin error, provided no fault of my own, I do not have the capability nor the access to determine the eligibility of enlistment or reenlistment. If there were any gaps in my paperwork or gaps in my promotion history, then I feel that something should have been done right then and there. I received not one, but two erroneous information [sic] about my enlistment contract. My unit 431st nor myself, was not notified about these demotions [sic] orders, that [sic] why it was not fix [sic] sooner.
3. The applicant provides numerous documents from her interactive Personnel Electronic Records Management System (iPERMS) records.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 22 March 2003. She served in the USAR and rose to the rank of specialist (SPC)/E-4. On 11 October 2005, she enlisted in the Virginia Army National Guard (VAARNG)
and she was promoted to the rank of SGT on that date. However, she was reduced from SGT to SPC on 18 August 2006 due to inefficiency.
2. The applicant applied for and she was accepted to attend VAARNG Officer Candidate School (OCS). She was scheduled to attend Class 051 from 5 November 2007 to 30 September 2008. As a result of her OCS attendance, she was administratively promoted from the rank of SPC to the rank of SSG.
3. While attending OCS, the applicant requested disenrollment because she was moving to Arkansas. Her request was approved and she was counseled on 12 May 2008 about her disenrollment. At that time, she was specifically informed that she would revert to her prior enlisted rank upon disenrollment.
4. The applicant left the VAARNG shortly thereafter. On 10 June 2008, she transferred to the Arkansas Army National Guard (ARARNG) as a SPC/E-4.
5. On 17 July 2008, the applicant was discharged from the ARARNG as a SPC/E-4 in order to enlist in the USAR. She enlisted in the USAR on 18 July 2008 as a SSG/E-6.
6. On 19 June 2009, the applicant was ordered to active duty with her unit in support of contingency operations. She served in Iraq during the period 17 August 2009 through 30 March 2010. She was initially scheduled for release from active duty (REFRAD) on 5 April 2010; however, she was extended during the period 6 April 2010 through 13 October 2010 for processing under the Uniform Code of Military Justice (UCMJ). On 13 October 2010, she was released from active duty and she was returned to her USAR unit.
7. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was released in the rank/grade of SPC/E-4 with a date of rank of 1 June 2008.
8. The applicant's term of service expired on 21 March 2011.
9. In the processing of this case, an advisory opinion was obtained from the Chief, Operations Management Division, U.S. Army Human Resources Command, Fort Knox, KY. The advisory official states the applicant was advanced from E-4 to E-6 for pay purposes while attending OCS. When she did not complete the course, she was reduced back to SPC. The applicant was well aware of this fact, having been properly counseled at the time. The opinion recommends denial of the applicant's request, stating she may compete for future promotions in accordance with current Army promotion policy.
10. The applicant was provided a copy of the advisory for information and to allow her the opportunity to submit comments or a rebuttal. The applicant responded in a 2-page letter with attachments. In her response, she essentially reiterates the facts of her case and points out that she had enough time in service to be promoted to SGT and SSG. She states if her career would have been able to follow the correct path without this misunderstanding she would never have left at the expiration of her term of service (ETS). She further states she'd love to be able to compete for promotion, but she has separated from the USAR upon her ETS.
DISCUSSION AND CONCLUSIONS:
1. The applicant never competed for nor was she promoted to SSG; she was administratively advanced to SSG for pay purposes (emphasis added) while she was an OCS candidate. Records show she was once promoted to SGT, but she was subsequently reduced to SP4 for inefficiency.
2. The applicant erroneously enlisted in the USAR as a SSG on 18 July 2008. She improperly held that rank for a period of time, but the error was corrected and she was administratively reduced to SPC.
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) AR20100024368
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