IN THE CASE OF:
BOARD DATE: 19 July 2012
DOCKET NUMBER: AR20120001333
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 that he be promoted to the rank of private first class/pay grade E-3 and awarded the Army Service Ribbon (ASR).
2. The applicant states, in effect, he transferred to the Army from the Air Force without a break in service and while in a training status he became ill and was placed in a medical hold status. He goes on to state that he was attached to the 434th Field Artillery Brigade and performed duties like a normal Soldier for
11 months; however, he was overlooked for promotion to pay grade E-3. He also states he believes that he should be awarded the ASR for his 11 months of service.
3. The applicant provides copies of two DD Forms 214 (Certificates of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicants records, though somewhat incomplete, show that he enlisted in the Air Force on 5 June 2007 and served until he was honorably discharged on 20 April 2008 due to Miscellaneous/General Reasons. He had served 10 months and 16 days of active service.
2. On 21 April 2008, he enlisted in the Regular Army in Oklahoma City, Oklahoma for a period of 4 years, training as an infantryman, and a $10,000 enlistment bonus. He was transferred to Fort Sill Oklahoma to undergo basic training and while in training he was diagnosed with ulcerative colitis.
3. The available evidence shows his date of rank for pay grade E-2 is 21 April 2008. There is no evidence that the applicant completed his training requirements.
4. On 2 April 2009, he was honorably released from active duty and placed on the Temporary Disability Retired List (TDRL) in pay grade E-2, effective 3 April 2009, with a 30% disability rating. He had served 1 year, 9 months, and 28 days of active service this period. His primary specialty was listed as an infantry recruit and he was awarded the National Defense Service Medal, Global War on Terrorism Service Medal, and Air Force Training Ribbon.
5. On 3 August 2011, he was removed from the TDRL and permanently retired in pay grade E-2, effective 4 August 2011.
6. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides the criteria for enlisted promotions. It provides, in pertinent part, that automatic advancement to the pay grade of E-2 occurs when an individual has 6 months time in service (TIS) and automatic advancement to the pay grade of E-3 occurs when an individual has 12 months TIS and 4 months time in grade (TIG) as an
E-2, unless the commander takes action to stop the automatic advancement. Such actions include a suspension of favorable personnel actions and a bar to reenlistment.
7. Army Regulation 600-8-22 (Military Awards) states the Army Service Ribbon is awarded to those personnel who complete the required initial entry training for award of a military occupational specialty (MOS) other than a training MOS.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions that he should be advanced to the pay grade of
E-3 and that he should be awarded the ASR has been considered.
2. While the applicant clearly met the TIS and TIG requirement for advancement to the pay grade of E-3 there is insufficient evidence in the available records to explain why the applicant was not automatically advanced.
3. The commander would have been required to submit an action to stop the automatic advancement and that action is not present in the available records.
In the absence of sufficient evidence to explain the failure to recommend his advancement in pay grade, it would not be appropriate to correct his records to show he was advanced at this time. This is especially true since grade determinations are made when individuals are retired by reason of disability.
4. The applicant has failed to show through the evidence submitted with his application and the evidence of record that he completed his initial entry training as an infantryman or training in another Army specialty. Accordingly, there appears to be no basis to award him the ASR.
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.
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