IN THE CASE OF:	  

		BOARD DATE:	  15 November 2012

		DOCKET NUMBER:  AR20120007889 


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 her DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 13 February 2006, to show she enlisted in the U.S. Army Reserve (USAR) for 6 years vice 8 years
* Orders Number 09-197-00001, dated 16 July 2009, issued by Headquarters (HQ), 151st Theater Information Operations Group (TIOG), Fort Totten, NY, be revoked

2.  The applicant states the above documents should be corrected/revoked because they are wrong.  She is providing a corrected copy of her DD Form 4 and an email wherein the U.S. Army Recruiting Command (USARC) Inspector General (IG) stated her rank had been restored.

3.  The applicant provides three pages of a DD Form 4, a memorandum, and an email.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she enlisted in the USAR on 24 February 1997 for a period of 8 years and she held military occupational specialty (MOS) 44B (Metal Worker). 

2.  On 1 September 2004, she was discharged from the USAR in the rank/grade of specialist (SPC)/E-4.
3.  On 13 February 2006, she enlisted in the USAR in the rank of SPC and MOS 44B.  Page 1 of the DD Form 4 contained in her records shows she enlisted for a period of 8 years.  This would establish her expiration term of service (ETS) date as 12 February 2014.  

4.  Her records contain a Selected Reserve (SR) Incentive Program - USAR Prior Service Enlistment Bonus Addendum, dated 13 February 2006, wherein it stated "I am enlisting in the USAR for 6 years.  I understand and hereby acknowledge that I must serve this entire period in a USAR SR troop program unit (TPU) satisfactorily…I have less than 16 years of military service and I am enlisting for 6 years and for a bonus of $1500."  This addendum was signed on 13 February 2006 by both the applicant and the witnessing official.  

5.  A Statement of Understanding - The SR Montgomery GI Bill (MGIB) Kicker Program stated "In connection with my enlistment in the USAR, for entitlement to the MGIB-SR Kicker; I hereby acknowledge that I meet the following eligibility criteria…Assignment to a unit (not high-priority) authorized by HQ Department of the Army (HQDA) for the MGIB-SR Kicker in an MOS 44B that is authorized by HQDA….I am enlisting to serve 6 years in a SR unit in an authorized HQDA unit or MOS…"  This statement of understanding was signed on 13 February 2006 by both the applicant and the witnessing official.  This would establish her ETS date as 12 February 2012.  

6.  The applicant was assigned to A Company, 854th Engineer Battalion, Bullville, NY.

7.  On 16 September 2008, she was reassigned to HQ & HQ Company (HHC), 151st TIOG, Fort Totten, NY. 

8.  Her records contain Orders Number 09-197-00001, dated 16 July 2009, issued by HQ, 151st TIOG, Fort Totten, NY, wherein she was reduced from SPC to private first class (PFC), with a date of rank of 3 May 2009, effective 3 May 2009.  

9.  The specific facts and circumstances surrounding the publication of this order are not available for review with this case.  The authority for the reduction order was Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraphs 10-16, 10-17, and 10-18.

10.  A review of the iPerms (Interactive Personnel Electronic Records Management System) database, dated 23 October 2012, shows the applicant's rank as SPC.  Her date of rank (DOR) was 13 February 2006, and her ETS date was 12 February 2014.
11.  The applicant provides an email, dated 1 September 2009, from her to the USARC IG, Mr. RJ, wherein she wrote "When will my rank be reinstated?  It has been almost a month since the Jag [sic] decision."  The response to the applicant, dated 10 September 2009, stated "9 September 2009.  It was restored back to 3 May 2009."

12.  By email, dated 8 November 2012, the USARC IG, Mr. RJ, stated the applicant's unit had been informed [over 3 years ago] that based on the IG's evidence and regulatory guidance the applicant was being improperly reduced to PFC.  His office recommended the reduction order be rescinded and he thought it had never left the unit.

13.  Army Regulation 600-8-19 governs the promotion and reduction of enlisted Soldiers.  It states in:

	a.  Paragraph 10-16, Soldiers appointed to higher grades on entering or while attending a service or civilian school and fail to complete the course successfully may be reduced to a grade no lower than the one held on entry to the course.  The reduction authority is the school commandant.  The school commandant will not further delegate the reduction authority; Soldiers promoted under the normal criteria are not subject to reduction under this paragraph.

	b.  Paragraph 10-17, Reductions under this paragraph are discretionary and wholly apart from discharge proceedings or reassignment.  A Soldier may be reduced one grade for unsatisfactory participation.  Reduction action is discretionary.  The commander reducing the Soldier will inform the Soldier in person or by certified mail of the action contemplated; SPCs and below may be reduced without action by a board.

	c.  Paragraph 10-18, Soldiers who fail to successfully complete, fail to remain eligible to be scheduled for, or who do not attend their scheduled Noncommissioned Officer Education System (NCOES) class (through fault of the Soldier) will be administratively reduced or removed from the promotion list.  Soldiers will only be reduced when NCOES is required for his/her current grade. Soldiers will be removed from a promotion list when promotion is being held in abeyance. The effective date of administrative reduction is the date of the action that caused the Soldier to be ineligible to retain the promotion. The date of rank (DOR) will be the previous DOR held at the reduced grade.





DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant enlisted in the USAR, on 13 February 2006, for a period of 6 years.  Her enlistment addendum and statement of understanding clearly stated she enlisted for a period of 6 years.  It appears an error occurred when an "8" was inadvertently entered on page 1 of her DD Form 4 to indicate she was enlisting for a period of 8 years.  Therefore, she is entitled to correction of page 1 of her DD Form 4 to show she enlisted for 6 years and correction of her ETS date to 12 February 2012.

2.  Although the complete facts and circumstances surrounding the publication of Orders Number 09-197-00001 that reduced the applicant to PFC effective 3 May 2009 are not known, it appears that based on an IG inquiry the unit was informed the applicant's reduction was improper and the orders needed to be rescinded.  Her records show her DOR to SPC as 13 February 2006.  It appears the reduction order was never processed, was not rescinded as required, and was inadvertently filed in her records.  Therefore, it would be appropriate to remove this order from her records.  

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 page 1 of her DD Form 4, dated 13 February 2006, to show she enlisted for "6" years 
* adjusting her ETS date to 12 February 2012 as a result of this correction and having the USAR publish orders discharging her from the USAR with the appropriate character of service 


* removing Orders Number 09-197-00001 from her records



      _______ _   ___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)                                         AR20120007889



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ABCMR Record of Proceedings (cont)                                         AR20120007889



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