BOARD DATE:	17 November 2011

		DOCKET NUMBER:  AR20110010040 


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, placement on the Retired List in the rank of first lieutenant (1LT), pay grade 0-2.  

2.  He states the highest rank he held was that of 1LT.

3.  He provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 1 August 1988
* Understanding of Appointment as a Commissioned Officer, dated 2 November 1994
* Promotion orders for 1LT, dated 9 November 1994
* Reenlistment Eligibility Data Display (REDD) Report, dated
6 November 2007
* Appeal of Medical Evaluation Board (MEB) memorandum, dated 16 October 2009
* DA Form 7562 (Physical Disability Evaluation System) Commander’s Performance and Functional Statement, dated 16 October 2009
* Medical Clearance from Case Management and Warrior in Transition Status memorandum, dated 17 December 2009





CONSIDERATION OF EVIDENCE:

1.  The applicant’s military record shows he enlisted in the Delayed Entry Program on 9 May 1986.  He enlisted in the Regular Army (RA) on 17 July 1986. He was promoted to pay grade E-3 on 1 October 1987.  

2.  He was honorably released from active duty in pay grade E-3 on 1 August 1988 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reserve Officers’ Training Corps (ROTC)).  He was issued a DD Form 214 crediting him with 2 years and 15 days of net active service.  Item 25 (Narrative Reason for Separation) shows the entry "To Enter ROTC."

3.  He provided a copy of an Understanding of Appointment as a Commissioned Officer in the USAR with concurrent call to active duty which he signed and dated on 2 November 1994.

4.  He further provided a copy of orders, dated 9 November 1994, promoting him to the rank of 1LT, Infantry, with a date of rank (DOR) and effective date of 1 December 1994.

5.  He also provided a copy of a REDD Report, dated 6 November 2007, in which it was reported that he began service in the USAR on 2 November 1994 and was separated on 28 February 1995 in the rank of 1LT.

6.  A review of his official military personnel file located on the Integrated Personnel Electronic Records Management System (IPERMS) and Army Human Resources Command, Soldier Management System, failed to reveal an Oath of Office and USAR Appointment Memorandum.  There is also no evidence he was promoted to 1LT and separated from active duty and the USAR in the rank of 1LT during his periods of military service.

7.  He enlisted in the South Carolina Army National Guard (SCARNG), in pay grade E-3, on 19 December 2007.  In Section VI (Remarks) of his DD Form 1966-4 (Record of Military Processing - Armed Forces of the United States), he listed that he had served in the RA from July 1986 to August 1988 in an enlisted status.

8.  He was promoted to the rank of specialist (SPC), pay grade E-4, on 26 November 2008.  He was ordered to active duty in support of Operation Enduring Freedom (OEF) and entered active duty on 13 December 2008.

9.  A memorandum, dated 16 October 2009, shows the applicant appealed MEB results pointing out the following inaccuracies.  The Narrative Summary incorrectly listed him as having 2 years of Army active duty service from 1986 to 1988, a break in service, and then joining the SCARNG in December 2007.  In fact he received an ROTC commission as a 1LT in 1994 and was discharged from the Army, after attaining the rank of 1LT, on 28 February 1995.

10.  On 2 November 2009, an informal Physical Evaluation Board (PEB) convened and considered the applicant's disabilities of generalized anxiety disorder and chronic neck and low back pain.  The PEB found the applicant's physical impairment prevented reasonable performance of duties required by grade and MOS.  The PEB recommended the applicant's placement on the Temporary Disability Retired List (TDRL) because his condition was not sufficiently stable for final adjudication.

11.  On 5 November 2009, the applicant concurred with the PEB and waived his right to a formal hearing.  The findings and recommendation of the PEB were approved on the same date.

12.  On 20 January 2010, he was honorably retired under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(2), due to a disability, temporary and placed on    the TDRL in the rank of SPC/pay grade E-4.  He was credited with completing     1 year, 1 month, and 8 days of net active service this period and 2 years,            4 months, and 24 days of prior active service.  He was also honorably separated from the SCARNG in the rank of SPC, pay grade E-4 on the same date.  

13.  His Chronological Statement of Retirement Points, dated 7 November 2011, shows he served in an enlisted USAR status from 18 July 1988 through 17 July 1995.   

14.  On 28 July 2011, the Army Grade Determination Review Board (AGDRB) 
returned his petition without action because the Board did not have jurisdiction under the provisions of Title 10, U.S. Code, section 3964.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the RA on 17 July 1986.  He was honorably released from active duty in pay grade E-3 on 1 August 1988.  The DD Form 214 he was issued shows he was transferred to the USAR to enter ROTC.  

2.  He provided documentation that shows he was commissioned in the USAR with concurrent call to active duty on 2 November 1994.  He also provided a copy of orders promoting him to the rank of 1LT with a DOR and effective date of
1 December 1994.  He stated in his appeal to the MEB that he was discharged from the Army on 28 February 1995 in the rank of 1LT.

3.  The documentation he provided was carefully considered; however, there is no evidence of record confirming he was appointed in the USAR as a 2LT, entered on active duty, and was promoted to 1LT in 1994.  At the time of his enlistment in the SCARNG on 19 December 2007, he only listed on his DD Form 1966/4 his enlisted service in the RA from 7 July 1986 to August 1988.

4.  The evidence of record shows he enlisted in the SCARNG in pay grade E-3 on 19 December 2007.  He was promoted to pay grade E-4 on 26 November 2008.  He entered on active duty on 13 December 2008.  On 20 January 2010, he was honorably retired in pay grade E-4 due to a temporary disability.

5.  There is also no evidence and he provided insufficient evidence to show he served satisfactorily and had sufficient time in the rank of 1LT for advancement on the retired list in that grade.  

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)                                         AR20110010040



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ABCMR Record of Proceedings (cont)                                         AR20110010040



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