IN THE CASE OF:
BOARD DATE: 23 October 2012
DOCKET NUMBER: AR20120013518
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 military records to show his date of rank (DOR) to staff sergeant (SSG)/E-6 as 1 October 2006 vice 27 June 2012.
2. The applicant states he was promoted to E-6 in October 2006 and was then placed on the temporary disability retired list (TDRL). However, a subsequent TDRL examination found him fit for duty. He enlisted in the Regular Army on 27 June 2012.
3. The applicant provides:
* Promotion orders to SSG/E-6
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Enlisted Record Brief (ERB)
* DA Form 199 (Physical Evaluation Board (PEB) Proceedings)
* DD Form 1966 (Record of Military Processing Armed Forces of the United States)
* Email from the U.S. Army Human Resources Command
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States)
* Extract of Army Regulation 600-20 (Army Command Policy)
* Enlistment/assignment orders
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 1 July 1999 and he held military occupational specialty 42R (Army Bandsperson). He served through multiple reenlistments.
2. On 25 September 2006, Headquarters, U.S. Army Garrison, Fort Sill, OK, published Orders 268-631 promoting him to SSG/E-6 with an effective date and DOR of 1 October 2006.
3. He entered the Army physical disability evaluation system after having been diagnosed with diabetes. A PEB considered his condition on 7 October 2009. It rated him at 60 percent under the applicable disability code and recommended placing him on the TDRL. He concurred,
4. He was honorably retired on 13 January 2010 and placed on the TDRL in his retired rank/grade of SSG/E-6 effective 14 January 2010.
5. A TDRL PEB convened on 19 April 2012 and found his condition had improved to the point that there was no functional impairment which precluded satisfactory performance of duties. The PEB found him fit.
6. On 24 May 2012, the U.S. Army Physical Disability Agency published Orders D144-03 ordering his removal from the TDRL effective 26 June 2012.
7. He enlisted in the Regular Army on 27 June 2012 in the rank/grade of SSG for a period of 3 years. In connection with this enlistment, his recruiter completed a DD Form 1966/1. Section 12 (Accession Data) listed his grade in item 12g (Pay Grade) as E-6 and his DOR in item 12h (Date of Grade) as 2012 06 27.
8. On 27 June 2012, the Raleigh Military Entrance Processing Station published Orders 2179003 ordering his entry on active duty and reassignment to the U.S. Army Transportation Center, Fort Eustis, VA.
9. His accession on active duty occurred at Fort Eustis, VA. His ERB, which was created upon his reentry on active duty, also listed his DOR as 27 June 2012 in Section III (Service data).
10. On 9 July 2012, a Fort Eustis official contacted the Junior Enlisted Promotions Branch at HRC in an effort to correct the applicants DOR. However, the HRC official indicated that the applicants DD Form 1966/1 is incorrect and he must first seek correction through the Retention Branch.
11. Army Regulation 600-20 (Army Command Policy) prescribes policy and responsibility of command which includes the well-being of the force, military and personal discipline, and conduct. It states in paragraph 2-20 the DOR of an enlisted Soldier who is removed from the TDRL and immediately reenlists in the component of the Army from which he or she had been placed on the TDRL is the original DOR held prior to placement on the TDRL.
DISCUSSION AND CONCLUSIONS:
1. The applicant was promoted in the Regular Army to SSG on 1 October 2006. He was placed on the TDRL on 14 January 2010. He was later found fit for duty and removed from the TDRL on 26 June 2012. He enlisted in the Regular Army on 27 June 2012. It appears recruiting officials listed an incorrect DOR on his DD Form 1966.
2. When he was accessed to active duty at Fort Eustis upon arrival, an ERB was generated which also listed the incorrect DOR. He attempted to resolve the issue through his installation and HRC with no luck. He should not have to suffer. The governing regulation is clear regarding the DOR of an enlisted Soldier who is removed from the TDRL and immediately enlists in the same component that placed him on the TDRL. It should be the DOR he held prior to placement on the TDRL.
3. He should be entitled to correction of his DD Form 1966, ERB, and any related documents or personnel records in his official file to show his DOR as 1 October 2006.
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 correcting Section 12 of his DD Form 1966/1 and Section III of his Enlisted Record Brief to show his date of rank to SSG/E-6 as 1 October 2006.
_______ _ 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) AR20120013518
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ABCMR Record of Proceedings (cont) AR20120013518
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