PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  17 August 2000
	DOCKET NUMBER:  AR2000037790

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Melvin H. Meyer		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that the records be corrected to show that he was enlisted in the Regular Army on 5 August 1999 as a Staff Sergeant (SSG), pay grade E-6, instead of a Sergeant (SGT), pay grade E-5.

3.  The applicant states, in effect, that orders were issued to promote him to SSG in a Army Reserve Troop Program Unit (TPU) on 1 July 1999 with promotion effective 1 July 1999, but he did not know about it when he enlisted in the Regular Army on 5 August 1999.  He was enlisted in the Regular Army as a SGT.

4.  The applicant’s military records show that he enlisted in the Army National Guard (ARNG) on 6 July 1984.  He served in the ARNG until 1 June 1989 when he transferred to the USAR Control Group (Annual Training).  He later transferred to an Army Reserve TPU.  In December 1997, he was serving in Company D, 1/391st, 7th Brigade, 98th Division, in Webster, New York, as a SGT (date of rank – 30 June 1997) in the Primary Military Occupational Specialty (PMOS) 92A20, Equipment Records and Parts Specialist.  

5.  On 1 July 1999, the 98th Division issued order 182-086 promoting the applicant to the rank and pay grade of SSG, E-6.  On 14 July 1999, the applicant requested approval from his Army Reserve commander to enlist in the Regular Army.  Approval was given on 19 July 1999.  The applicant began Regular Army enlistment processing and enlisted on 5 August 1999.  He was enlisted as a SGT in PMOS 92A and assigned to the Service Battery, 155 Self Propelled, 
1/82nd Field Artillery Battalion, 1st Cavalry Division at Fort Hood, Texas.

6.  Prior to the issue of the SSG promotion order, the applicant had completed the necessary Non-Commissioned Officer (NCO) training for promotion.  He completed the Primary Leadership Development Course (PLDC) on 28 May 1994; the RC3 Basic NCO Course (BNCOC) on 22 March 1998, and the 92A20 Automated Logistical Specialist BNCOC on 24 July 1998.

7.  The U.S. Army Personnel Command (PERSCOM) enlistment Eligibility Inquiry System (EIS) shows that there were no SSG 92A enlistment authorizations available in August 1999, there were only SGT 92A authorizations available.  However, the Deputy Chief of Staff for Personnel Recruiting Policy Branch informs the Board that it is recruiting policy and practice to try retain the grades of Reserve Component (RC) soldiers enlisting in the Regular Army.  Effort is made to try to find a MOS in which the RC soldier could be enlisted and retain his grade and then provide him training in the MOS if needed.

CONCLUSIONS:

1.  The applicant was promoted to SSG in the Army Reserve, effective 1 July 1999, prior to being enlisted in the Regular Army on 5 August 1999 and should have been enlisted as a SSG.  Had the applicant’s recruiter known that the applicant had been promoted to SSG, the recruiter would have tried to find a MOS in which to recruit the applicant so that he could keep his rank.  This error and injustice was caused by the applicant’s SSG promotion order not reaching him until after he had enlisted in the Regular Army and began active duty.  As a matter of fairness and justice, the applicant’s records should be corrected to show that he was enlisted as a SSG.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected, as an exception, for the individual concerned by:

	a.  showing that he was enlisted in the Regular Army on 5 August 1999 in the rank of SSG with a date of rank of 5 August 1999;

	b.  providing him back pay and allowances at the pay grade of E-6 effective 5 August 1999, the date he began active duty; and

	c.  providing him E-6 pay and allowances for any Army Reserve training and duty performed from 1 July 1999 through 4 August 1999.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000037790	
SUFFIX		
RECON		
DATE BOARDED	20000817	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.131	Promotion	
2.		
3.		
4.		
5.		
6.