BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110006404
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 an adjustment of her date of rank to staff sergeant (SSG)/pay grade E-6 from 1 September 2010 to 1 October 2004.
2. The applicant states:
* she was promoted to pay grade E-6 while she was a member of the U.S. Marine Corps (USMC) on 1 October 2004
* she was honorably discharged from the USMC on 25 May 2005
* she enlisted in the Nevada Air National Guard (NVANG) in September 2006 and was demoted to pay grade E-5 due to being out of the service for over 1 year
* she enlisted in the U.S. Army Reserve (USAR) Individual Mobilization Augmentation (IMA) Program on 23 April 2008 in pay grade E-5 and was promoted to E-6 on 1 September 2010
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty) dated, 5 February 2008
* DD Form 214, dated 25 May 2005
* USMC Certificate of Appointment to pay grade E-6, dated 1 October 2004
* National Guard Bureau (NGB) Form 22 EF (Report of Separation and Record of Service), dated 22 April 2008
* DD Forms 4/1 and 4/2 (Enlistment/Reenlistment Document Armed Forces of the United States)
CONSIDERATION OF EVIDENCE:
1. The available records show the applicant was a member of the USMC when she was promoted to pay grade E-6 on 1 October 2004.
2. He was discharged from the USMC, on 25 May 2005, in the pay grade E-6 at the completion of his required period of active service.
3. The applicant enlisted in the NVANG on 6 September 2006. Her NGB Form 22 EF shows he was discharged from the NVANG, on 22 April 2008, in pay grade E-6.
4. On 23 April 2008, the applicant enlisted in the USAR in pay grade E-5. She was promoted to pay grade E-6 on 1 September 2010. She is currently a member of the USAR.
5. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and the USAR. Paragraph 3-16 contains guidance on authorized enlistment pay grade determinations for applicants with prior service. It states the enlistment grade for members who held the rank of sergeant (E-5) or above will be determined by a grade determination completed by the Human Resources Command.
6. Army Regulation 601-210 also provides that the commander or the executive officer at the recruiting battalion has the authority to make enlistment grade determinations in the rank/grade of sergeant/E-5, and the area commander has the authority to make determinations in the ranks/grades of SSG/E-6 through sergeant major (E-9).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. Her supporting evidence has been considered.
2. The evidence of record shows the applicant enlisted in the USAR, on 23 April 2008, in pay grade E-5, and served in pay grade E-5 until she was promoted to pay grade E-6 on 1 September 2010. The recruiting battalion approved his enlistment in the USAR in pay grade E-5. There is no evidence in the available record showing that a request was made for a grade determination for pay grade E-6.
3. In view of the foregoing, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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.
_______ _ _______ ___
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) AR20110006404
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ABCMR Record of Proceedings (cont) AR20110006404
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