BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20120001946
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 correction of his enlistment contracts, dated 24 July 2009 and 22 July 2011, to show he enlisted in the rank and pay grade of sergeant (SGT)/E-5.
2. The applicant states that he was told at the Military Entrance Processing Station (MEPS) that he could turn his promotion orders in to the Defense Finance and Accounting Service (DFAS) after he arrived at his unit and his rank and pay grade would be taken care of. However, DFAS would not accept his orders because he had a break in service and his pay grade reflected on his enlistment contract was E-4. He further states he provided a copy of his promotion orders to his recruiter at the recruiting station and it was not his fault that they were not available at the MEPS. He also states his pay and future promotion eligibility have been affected.
3. The applicant provides copies of a request to correct his grade/time in grade; DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 24 July 2009 and 22 July 2011; and discharge orders, dated 6 June 2008.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 5 June 2000 for a period of 4 years, training as an airborne infantryman, and a cash enlistment bonus. He completed one-station unit training at Fort Benning, Georgia, and was transferred to Fort Bragg, North Carolina, for his first and only assignment.
2. He was advanced to pay grade E-4 on 1 January 2002 and he served in Afghanistan and Iraq.
3. On 30 July 2004, he was honorably released from active duty due to completion of his required service and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his statutory service obligation.
4. On 6 January 2006, he was voluntarily transferred to a USAR troop program unit in Corapolis, Pennsylvania. On 1 October 2006, he was promoted to the rank of SGT/E-5.
5. On 6 June 2008, he was honorably discharged from the USAR in pay grade E-5 due to the expiration of his term of service.
6. On 24 July 2009, he enlisted in the USAR in Denver, Colorado, in pay grade E-4 for a period of 1 year. On 22 July 2010, he extended his enlistment for a period of 1 year.
7. On 22 July 2011, he reenlisted in the USAR in pay grade E-4 for a period of 3 years.
8. A staff advisory opinion was obtained from the Department of the Army Office of the Deputy Chief of Staff, G-1, in the processing of this case which recommends approval of the applicant's request because he did not need a grade determination at the time and should have been enlisted in pay grade E-5. Accordingly, both contracts need to be amended to reflect his pay grade as E-5.
9. The advisory opinion was provided to the applicant for comment and he concurred with the opinion.
10. A review of his official records failed to show a copy of the applicant's promotion orders and his USAR enlistment contracts.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention has been noted and appears to have merit. The applicant was promoted to the rank of SGT/E-5 on 1 October 2006. He was discharged from the USAR on 6 June 2008 and again enlisted in the USAR 24 July 2009. However, it appears that he was erroneously enlisted in pay grade E-4 instead of E-5, both on 24 July 2009 and 22 July 2011.
2. Accordingly, both of his enlistment contracts should be amended to show he enlisted in pay grade E-5 and he is entitled to all back pay and allowances that flow from this change.
BOARD VOTE:
___X___ ___X_____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's enlistment contracts (DD Form 4), dated 24 July 2009 and 22 July 2011, to show he enlisted in pay grade E-5 and he is entitled to all pay and allowances that flow from this change.
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_________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) AR20120001946
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