IN THE CASE OF:
BOARD DATE: 9 June 2015
DOCKET NUMBER: AR20150001605
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, in effect, promotion to sergeant first class (SFC)/E-7 in the U.S. Army Reserve (USAR).
2. The applicant states he has addressed this issue numerous times with the U.S. Army Human Resources Command (HRC). When he entered active duty in 2007, he had to relinquish a pay grade to enter active duty. His promotion orders to SFC were revoked because he was told he had not completed the second phase of his military occupational specialty (MOS) Advanced Noncommissioned Officer Course (ANCOC), at the time 91B (Medical Specialist). He was promoted to SFC in MOS 35W (Electronic Warfare Signal Intelligence Specialist) on 31 December 1999 and there was no second phase at that time period for MOS 35W. The MOS school had already verified that there wasn't a phase II for 35W.
3. The applicant provides:
* promotion and reduction orders
* Enlisted Record Brief
* certificate of training and completion of Phase I ANCOC diploma
* USAR Discharge Orders
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army on 15 September 1977. He was honorably discharged from active duty in the rank/grade of sergeant (SGT)/E-5 on 14 July 1987.
2. He enlisted in the Army National Guard on 21 December 1987 and transferred to the USAR on 21 December 1988. He reenlisted in the USAR on 24 September 1989 and again on 9 July 1995. He was promoted to staff sergeant (SSG)/E-6 in the USAR on 7 January 1993.
3. On 31 December 1999, Headquarters, 70th Regional Support Command published Orders 99-365-006 promoting him to SFC/E-7 effective 31 December 1999 and awarding him primary MOS 35W. The promotion orders stipulated that promotion is contingent on enrollment in the next level of NCO Education System within 12 months and completion within 24 months from the effective date of promotion.
4. On 8 November 2000, Headquarters, 70th Regional Support Command published Orders 00-313-68 reducing him to SSG/E-6 effective 8 November 2000 with a date of rank as 8 November 2000 for failing to meet conditional promotion NCO Education System requirements. This order was revoked by Orders 00-356-02, dated 21 December 2000 by Headquarters, 70th Regional Support Command. Thus his USAR rank was restored to SFC with a date of rank of 31 December 1999.
5. He was honorably discharged from the USAR effective 25 October 2001 in the rank of SFC.
6. After a break in service, he enlisted in the USAR in the rank/grade of SFC/E-7 on 28 March 2007.
7. On 9 October 2007, he enlisted in the Regular Army in the rank/grade of SSG/E-6. A grade determination was conducted to determine the grade and MOS that were needed by the Army at that time. He enlisted for the U.S. Army Training Enlistment Program for training in MOS 13D (Field Artillery Tactical Data System Specialist).
8. On 16 January 2009, he executed a reenlistment in the Regular Army for an indefinite period in the rank/grade of SSG/E-6.
9. An advisory opinion was received from HRC on 31 March 2015 in the processing of this case. An advisory official recommended denial of the applicant's request. The advisory official stated that when prior service Soldiers wish to reenter the Regular Army, a grade determination is conducted to determine the MOS and grade that is needed by the Army. At the time of his enlistment in 2007, the applicant elected to enlist as a SSG and be retrained in MOS 13D as reflected on his enlistment contract. He will have to compete for promotion with his peers in his current MOS.
10. The applicant was provided with a copy of this advisory opinion but he did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant previously held the rank/grade of SFC/E-7 in the USAR. After a break in service, he enlisted in the Regular Army. When prior service Soldiers elect to reenter the Regular Army, a grade determination is conducted to determine the MOS and grade that is needed by the Army.
2. At the time of his enlistment in 2007, the applicant elected to enlist as a SSG/E-6 and be retrained in MOS 13D as reflected on his enlistment contract. After successful completion of training, he was awarded MOS 13D. Provided he is otherwise eligible, the applicant will have to compete for promotion with his peers in his current MOS. The determination for his Regular Army grade was not related to completion of schooling in the USAR.
3. In view of the foregoing, there is no basis for granting the applicant 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) AR20150001605
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ABCMR Record of Proceedings (cont) AR20150001605
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