IN THE CASE OF:
BOARD DATE: 26 September 2013
DOCKET NUMBER: AR20130012744
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 record to show he enlisted in the Regular Army (RA) on 10 December 2012 in the rank/grade of sergeant (SGT)/
E-5.
2. The applicant states, in effect:
* he wants his rank reinstated to E-5 as he was in the Army National Guard (ARNG)
* when he reenlisted in the RA he was told he would be able to keep his
E-5 rank
* he held grade E-5 and military occupational specialty (MOS) 68Q (pharmacy specialist) in the ARNG prior to enlisting in the RA
* he was told he would not lose rank by going back into active duty for the MOS he was qualified for
* the 68Q MOS he returned to active duty for had slots available for his E-5 rank
* he was told once reenlisting as an E-4 in MOS 68Q it would guarantee him a spot back in active duty
* he was told the RA would submit the paperwork for his promotion to be reinstated
3. The applicant provides:
* Promotion orders
* DA Form 4187 (Personnel Action)
* DD Form 368 (Request for Conditional Release) and supporting documentation
* Transcript
* Developmental Counseling Form
* Personnel Qualification Record
* Enlistment orders
* Army National Guard Retirement Points Statement
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 October 2012
* Letters of recommendation
CONSIDERATION OF EVIDENCE:
1. Having prior active service in the RA from 22 August 2007 to 21 August 2009, the applicant was honorably discharged in pay grade E-4 to enter the Officer Training Program. He enlisted in the ARNG on 15 January 2010 and he was promoted to SGT/E-5 effective 15 January 2010 while in the Senior Reserve Officers' Training Corps (SROTC) Simultaneous Membership Program (SMP).
2. Orders, dated 10 February 2011, show he was reduced from SGT/E-5 to specialist/E-4 effective 8 February 2011 for administrative reasons.
3. He was honorably discharged from the ARNG on 28 June 2011 in pay grade E-4 for enlistment in another component of the U.S. Armed Forces. On 29 June 2011, he enlisted in the U.S. Army Reserve (USAR) in pay grade E-4.
4. His DD Form 368, dated 6 December 2012, shows his pay grade as E-4.
5. He was honorably discharged from the USAR on 9 December 2012 in pay grade E-4.
6. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted in the RA on 10 December 2012 for 3 years in pay grade E-4.
7. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and
processing into the RA, USAR, and ARNG. Paragraph 3-17 (Enlistment Pay Grades and Terms of Enlistment for RA Applicants with Prior Military Service) states:
a. higher grade is not authorized for applicants who have been reduced in rank and discharged or a member of a Reserve Component (RC).
b. if an applicant (a former member of Active Component (AC)/RC service and current member of the RC) was last separated from any component or is a current member of an RC in grade E-4 with not more than 7 years Active Federal Service and enlists within 48 months from the date of separation, the enlistment grade will be the same grade held at time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his RA enlistment rank should be E-5, not E-4.
2. Evidence shows he was promoted to E-5 in the ARNG in January 2010 while in the SROTC SMP, but the ARNG reduced him to E-4 in February 2011. This normally occurs when an individual is disenrolled from SROTC. Pay grade E-5 is conditional for the period the cadet served in the SMP. He enlisted in the RA for a period of 3 years in pay grade E-4 in December 2012.
3. Since the applicant was reduced to E-4 in the ARNG prior to his enlistment in the RA, and in accordance with the governing regulation, there is no basis for granting the 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) AR20130012744
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ABCMR Record of Proceedings (cont) AR20130012744
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