BOARD DATE: 9 October 2012
DOCKET NUMBER: AR20110019171
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 adjustment of his date of rank (DOR) for staff sergeant (SSG).
2. The applicant states:
* He wants his DOR adjusted so he can be eligible for the next sergeant first class promotion board
* He was promoted to SSG on 1 April 1999 while serving in the Regular Army (RA)
* He left the service in February 2004 and came back in March 2008
* He enlisted in the U.S. Army Reserve (USAR) and accepted a reduction of grade to sergeant (SGT)/E-5 because of his 4-year break in service
* He joined the Active Guard Reserve (AGR) program in April 2009
* He was promoted to SSG on 1 September 2010
* He is a Basic Noncommissioned Officer Course (BNCOC) graduate
* He was deployed in Afghanistan at the time he submitted his application
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 February 2004
* Promotion orders, dated 16 August 2010 and 19 March 1999
* Amendment orders, dated 21 April 1999
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the RA on 15 January 1988. He served as a radio operator/maintenance and signal support systems specialist. He remained on active duty through continuous reenlistments. He was promoted to SSG on
1 April 1999 with a DOR of 1 April 1999. On 16 February 2004, he was honorably discharged by reason of physical disability.
2. He enlisted in the USAR on 5 March 2008 for a period of 1 year in pay grade SGT/E-5.
3. Records show he enlisted in the USAR on 15 July 2008 for a period of
6 years in pay grade SGT/E-5. There is no indication in the available records as to why he enlisted in the USAR in March 2008 and again in July 2008.
4. He was promoted to SSG effective 1 September 2010 with a DOR of
1 September 2010.
5. He served in Afghanistan from 4 March 2011 to 3 January 2012. He is currently serving in an AGR status.
6. In the processing of this case, a staff advisory opinion was obtained from the Chief, Personnel Management Division, USAR Command, Fort Bragg, NC. The advisory official recommends disapproval of the applicant's request to adjust his DOR for the following reasons:
a. enlistment at a lower grade than previously held is a contractual agreement and reduction orders are not issued. Since the applicant voluntarily contracted to enlist at a lower grade, it is not considered a grade reduction. The DOR will be the date of the grade to which reduced as if the Soldier had never attained a grade higher than that to which reduced. Therefore, adjustment of the DOR is not authorized.
b. on 15 July 2008, the applicant enlisted in the USAR for a period of 6 years. This contractual agreement was at the pay grade of SGT/E5; therefore, reduction orders were not processed and adjustment to his DOR is not authorized.
7. A copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. The applicant did not respond.
8. Paragraph 10-19 of Army Regulation 600-8-19 (Enlisted Promotions and Reductions) states, in pertinent part:
a. enlistment at a lower grade than previously held is a contractual agreement and reduction orders are not issued.
b. since the Soldier voluntarily contracts to enlist at a lower grade, it is not considered a grade reduction.
c. the DOR will be the date of the grade to which reduced as if the Soldier had never attained a grade higher than that to which reduced.
9. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) states an applicant who is a former enlisted member in the Armed Forces in the grade of E5 through E9 and who enlists after 48 months from last separation and has no remaining military service obligation will be enlisted one grade lower than the grade held at time of last separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests adjustment of his DOR for SSG.
2. Evidence shows he was promoted to SSG on 1 April 1999 and he was discharged from the RA in February 2004. After a four year break in service, he voluntarily enlisted in the USAR in 2008 in pay grade SGT/E-5.
3. He contends he accepted a reduction of grade to SGT/E-5 for enlistment in the USAR because of his 4-year break in service. Because he had a more-than-4-year break in service (even allowing for a USAR enlistment date of March instead of July 2008), that lower enlistment grade was accomplished in accordance with Army Regulation 601-210. The promotion regulation also states enlistment at a lower grade than previously held is a contractual agreement. The applicant voluntarily contracted to enlist at the lower grade.
4. He was promoted to SSG effective 1 September 2010 with a DOR of
1 September 2010. Army Regulation 600-8-19 does not provide for adjustment of a date of rank for time previously served in that rank.
5. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20110019171
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