IN THE CASE OF:
BOARD DATE: 19 May 2015
DOCKET NUMBER: AR20140014093
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 DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 1 August 2011, to show he enlisted in the U.S. Army Reserve (USAR) in pay grade E-7 with a date of rank (DOR) of 1 August 2011.
2. The applicant states:
a. His enlistment on 1 August 2011 was in pay grade E-6 when it should have been in pay grade E-7.
b. As a lieutenant colonel, he was approaching his mandatory removal date (MRD) of 31 July 2011 and he reached out to the U.S. Army Recruiting Command (USAREC) and U.S. Army Human Resources Command requesting to resign his commission and enlist in the USAR. Since he was one of the first cases of this nature for USAREC, they were somewhat unsure of the process and action.
c. He was under the impression he should have been allowed to enlist in pay grade E-7. However, USAREC stated he could not enlist in a pay grade higher than E-6. Since he was within 30 days of his MRD, he enlisted in pay grade E-6 instead of E-7.
d. Since August 2011, there have been additional situations parallel to his case and such lieutenant colonels were approved to enlist in pay grade E-7, not E-6.
e. A letter from USAREC states he should have been enlisted in pay grade E-7.
3. The applicant provides:
* USAREC letter, dated 31 July 2014
* memorandum, dated 25 July 2011
* Unit Manning Report (UMR), dated 6 August 2011
* DD Form 4, dated 1 August 2011
* Command and General Staff Officer Course Diploma
* DA Form 2-1 (Personnel Qualification Record)
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted and commissioned service in the Army National Guard and commissioned service in the USAR in the rank of lieutenant colonel, his DD Form 4 shows he enlisted in the USAR on 1 August 2011 in pay grade E-6. His DD Form 1966 (Record of Military Processing Armed Forces of the United States) shows an administrative waiver for grade determination was approved by a USAREC official and an appropriate control number was assigned in Section VI (Remarks).
2. He provided a memorandum from his commanding officer, dated 25 July 2011, which states this memorandum is to serve as a letter of acceptance for entry into that unit in pay grade E-7. He provided a UMR prepared on 6 August 2011 showing he was assigned to an E-7 position.
3. He also provided a letter from a Human Resources Supervisor at USAREC, dated 31 July 2014, which states:
a. In June 2011, the applicant contacted that office in regard to reaching his MRD and his request to convert to an enlisted status. He had his commander's letter of acceptance for an E-7 position and was assigned to an E-7 position on the UMR.
b. In general, the recommended enlisted grade for a former lieutenant colonel is E-6. However, in this case more consideration should have been given for entering at a higher grade since the unit was willing to accept him in pay grade E-7.
c. Due to this administrative error, the applicant was approved to enlist in pay grade E-6.
d. He should have been enlisted in pay grade E-7.
4. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes the eligibility criteria governing the enlistment of persons, with or without prior service, in the Regular Army, U.S. Army Reserve, and Army National Guard. Paragraph 3-18 provides guidance for the enlistment pay grade for prior service persons who enlist in the Reserve Component. The enlistment grade for a Soldier who last separated from any component of the Armed Forces as a commissioned officer or warrant officer will be determined by the appropriate authority. The authority to determine the grade for Soldiers entering in pay grades E-6 through E-9, when assignment is for a troop program unit of the Selected Reserve is USAREC.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 4, dated 1 August 2011, to show he enlisted in the USAR in pay grade E-7 with a DOR of 1 August 2011.
2. The evidence confirms, having attained the rank of lieutenant colonel in the USAR, the applicant converted to an enlisted status and enlisted in the USAR on 1 August 2011 in pay grade E-6.
3. After his enlistment in July 2014, USAREC officials point out:
* the applicant had his commander's letter of acceptance for an E-7 position
* he was in an E-7 position on the UMR
* more consideration should have been given for him entering at a higher grade since the unit was willing to accept him in pay grade E-7
* he should have been enlisted in pay grade E-7
4. Based on the recommendation from USAREC and in accordance with the applicable governing regulation, it would be appropriate to correct his DD Form 4, dated 1 August 2011, to show he enlisted in the USAR in pay grade E-7 with a DOR of 1 August 2011.
5. As a related issue, he should receive any back pay and allowances that flow from this records correction.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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:
a. amending his DD Form 4, dated 1 August 2011, to show he enlisted in pay grade E-7;
b. amending his E-7 DOR to read 1 August 2011; and
c. paying him any back pay and allowances that flow from this records correction.
____________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) AR20140014093
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140014093
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140010786
He was selected for promotion to MAJ by a position vacancy board (PVB) that convened in October 2010. The list also shows MAJ Cxxxx was recommended for promotion to MAJ as a Space Operations Officer. c. He was requesting the ABCMR uphold his request for fairness and due process and adjust his DOR to that of his peers who were considered by the same exact board, which would be January 2011, not April 2011.
ARMY | BCMR | CY2012 | 20120010076
The applicant states his promotion packet was submitted in November 2010 with eligibility in March/April 2011; however, his promotion was not granted until October 2011 even though he was occupying a CPT position as a company commander with an effective date of 12 September 2010. The UMR's provided by the applicant show he was occupying a CPT position effective 21 January 2010. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2013 | 20130008232
The applicant states: * His DOR to O-5 should reflect the original date he was assigned to his current position * He was assigned to paragraph 012A and line 07 on 12 October 2012 * His current DOR reflects an erroneous date of assignment of 17 January 2013 * The Unit Manning Report (UMR) should have reflected the assignment date of his orders, which were signed by his company commander indicating acceptance of his transfer to the Reserve * He was moved out of the paragraph and line from 12...
ARMY | BCMR | CY2010 | 20100013721
The applicant states he was in an O-5 slot from 9 June 2009 until 13 July 2009. He states he is being penalized for being involuntarily cross-leveled for deployment to Iraq, resulting in over 3 months of lost time in rank. Therefore, notwithstanding the advisory opinion received from HRC-St. Louis, it would be equitable and just to correct the applicant's records to show he was promoted to lieutenant colonel with an effective date and DOR of 9 June 2009, with entitlement to back pay and...
ARMY | BCMR | CY2005 | 20050017983C070206
The applicant also states that prior to his retirement, in December 2002, the unit had a drill with all members of the unit present, including some that he had not seen before. The USARC determined that the applicant filled a colonel position at the State Department unit while serving as a lieutenant colonel. Crediting the applicant with a qualifying year, as discussed above, and payment of the difference in pay between a lieutenant colonel and colonel for creditable periods of service...
ARMY | BCMR | CY2008 | 20080005969
Application for correction of military records (with supporting documents provided, if any). The advisory official adds the Promotions/Notifications Branch promotes officers based on the information provided to them by the units and the applicant received the earliest date possible according to the information provided by the unit. The evidence of record also shows that the applicant was promoted to the rank of LTC, effective and with a DOR of 8 January 2008.
ARMY | BCMR | CY2008 | 20080017619
The applicant requests, in effect, that his date of rank (DOR) to lieutenant colonel be adjusted to 1 October 2008 or later; that his Year Group (YG) be changed from 1985 to 1993; and that the Fiscal Year (FY) 2008 Colonel Promotion Board non-selection letter be expunged from his military records. The applicant states, in effect, that his 26 January 2004 DOR and 1985 YG do not allow him to compete against officers with approximately 15 and 1/2 years of active component service (the active...
ARMY | BCMR | CY2013 | 20130009470
The applicant provided three UMRs, dated 2 June 2010, 24 August 2010, and 16 July 2011, which show: a. MSG CJ also stated that the applicant must complete the attached counseling and, by 27 May 2012, be reassigned to a valid position that meets COE and grade requirements or be subject to involuntary transfer to another unit, to the IRR, or elect retirement. (i) As a COE (MILTECH 365th) and in order to meet the senior grade overstrength guidance, she took a reduction in rank from SGM/E-9 to...
ARMY | BCMR | CY2011 | 20110020561
Orders 253-190, dated 9 September 2004, show he was promoted to first lieutenant with an effective date and a DOR of 10 August 2004. The evidence further shows he was promoted to CPT with a DOR of 22 September 2009 and an effective date of 22 April 2011. As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by showing he was promoted to CPT and granted Federal recognition for this promotion with an...
ARMY | BCMR | CY2009 | 20090008207
p. HQ, NGB, Arlington, VA, memorandum, dated 23 March 2009, subject: Promotion as a Reserve Commissioned Officer of the Army, that shows, in pertinent part, the applicant was promoted to the rank of LTC, effective and with a DOR of 23 March 2009. q. HQ, NGB, Washington, DC, Special Orders Number 65 AR, dated 23 March 2009, that show, in pertinent part, the NGB extended Federal recognition in the ARNG of the applicants promotion to LTC, effective 23 March 2009. The evidence of record shows...