BOARD DATE: 3 May 2010
DOCKET NUMBER: AR20100025319
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 his record to show he enlisted in the Regular Army on 18 March 2008 in the rank/grade of sergeant first class (SFC)/E-7.
2. The applicant states he attempted to enter the Regular Army via the Reserve Component to Active Component (RC to AC) program, but he was told he was too old for the program. When he was released from active duty and returned to his status as a Reservist, he attempted to enlist in the Regular Army. He was offered enlistment as a staff sergeant (SSG)/E-6, which was two ranks lower than his Reserve rank. He accepted the rank because there were only two days left in his enlistment window. However, he charges that Army Regulation 600-20 (Army Command Policy) specifies that without a break in service of more than
90 days, a Soldier retains the date of rank (DOR) of the rank held prior to reenlistment.
3. The applicant provides excerpts from his military record.
4. In a subsequent memorandum, the applicant requests that his age be recalculated and, if he was eligible to enlist in the Regular Army via the RC to AC program, that his record be corrected to show he enlisted in the rank/grade of master sergeant (MSG)/E-8.
5. He states that he met the criteria and provides a calculation of the active duty service for which he was issued a DD Form 214, and he would have met the Active Federal Service requirement if he had time to extend his tour of active duty service.
CONSIDERATION OF EVIDENCE:
1. On 17 January 2008 the applicant, a U.S. Army Reserve (USAR) Soldier, then on active duty, was promoted to pay grade E-8 in military occupational specialty (MOS) 19Z5800OO contingent upon him being in a promotable status. On 27 January 2008, he was honorably released from active duty in pay grade E-7.
2. On 22 January 2008, his request for enlistment in the Regular Army under the special provisions established for mobilized Reservists was denied because of his age.
3. On 18 March 2008, the applicant enlisted in the Regular Army in pay grade
E-6 in MOS 31B10.
4. In the processing of this case, on 1 March 2011, an advisory opinion was obtained from the Enlisted Promotions Branch, U.S. Army Human Resources Command (HRC), Fort Knox, KY. The advisory official stated that full administrative relief would not be granted in this case. The applicant enlisted into the Regular Army on 18 March 2008, he was processed through the United States Military Entrance Processing Command (USMEPCOM) and assessed using DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States) for grade determination and DOR requirements.
5. On 15 March 2011, the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. he did not respond.
6. Army Regulation 60020 states that without a break in military service of more than 90 days, a Soldier retains the DOR of the grade held prior to reenlistment.
7. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), paragraph 3-17, states that applicants in grade E-5 and above must submit a formal request for a grade determination assignment eligibility if current MOS structure does not support entry in former MOS (E-7 and above). If the applicant was last separated from any component in the grade of E-7 and above and enlists within 48 months following separation, or is a current member of a Reserve Component, and still desires to obtain a new MOS, he will be reduced in grade/rank based on the business rules established by the Retention Management Branch. Applicant must accept retraining in the MOS.
DISCUSSION AND CONCLUSIONS:
1. Exactly why the applicant was enlisted in the Regular Army in a lower grade than that which he held in the USAR is not a matter of record. However, since he was enlisted in a different MOS than his primary MOS, his reduced enlistment grade was accomplished in accordance with Army Regulation 601-210.
2. What is a matter of record is that the applicant accepted enlistment in the Regular Army in pay grade E-6. He had the option to decline the enlistment.
3. While enlistment may be authorized in certain pay grades under certain circumstances, the enlistment is still based on the needs of the Army. If the Army is overstrength in the applicant's military occupational specialty (MOS) in pay grade E-7, the Army will decline his enlistment. However, if the Army is understrength in an MOS in pay grade E-6, they can offer to enlist him in that grade for that MOS. It isn't that he isn't authorized the higher grade, its a matter of there being no openings in that grade for his MOS.
4. As for the applicant's subsequent request, the applicant admits he did not meet the Active Federal Service requirement for the program. Besides, whether he met the criteria for this program or not would not affect his enlistment grade when he was being processed for Regular Army enlistment.
5. In view of the foregoing, there is no basis for granting the applicants 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) AR20100025319
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ABCMR Record of Proceedings (cont) AR20100025319
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