MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 January 2001
	DOCKET NUMBER:   AR2000050600

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

	Mr. Carl W. S. Chun		Director	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning 		Chairperson	
	Mr. Curtis L. Greenway 		Member	
	Mr. Eric N. Anderson		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That his rank/pay grade be restored to staff sergeant/E-6.

APPLICANT STATES:  That he enlisted in a critical military occupational specialty (MOS) with a shortage of personnel in pay grade E-6.  He further states that he is a prior service soldier who enlisted for the same MOS he previously held on active duty, even though its numeric designation had changed from 16T to 14T.  He was separated from the Army as a promotable staff sergeant (E-6), served in the Army National Guard as a staff sergeant (E-6), and had completed both the basic and advanced noncommissioned officers development courses (BNCOC/ANCOC).  In support of his application, he provided copies of his enlistment orders, enlistment contracts for both the Regular Army and the Army National Guard, conditional release from the Army National Guard of South Carolina, Certificate of Release or discharge from Active Duty (DD Form 214), and his DA Form 2-1.

EVIDENCE OF RECORD:  The applicant's military records were not available to the Board.  Sufficient information for the Board to make a determination is contained in the documents provided by the applicant.

He enlisted in the Army on 26 October 1981, completed his initial training and was assigned for duty as a Patriot Missile Crew Member (16T).  He served on active duty for 11 years, 2 months and 15 days, and attained the rank of staff sergeant.  At the time of his application he was again serving on active duty.

On 10 January 1993 the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-8, as a result of his voluntary request for separation in accordance with the Fiscal Year 1993 Enlisted Voluntary Early Transition Program.  He received a reenlistment eligibility       code 3 (RE-3).

On 24 March 2000 the applicant enlisted in the Army National Guard for 1 year, in the rank/pay grade of staff sergeant/E-6.  He was granted a conditional release on 27 September 2000 for the purpose of enlisting in the Regular Army.

On 24 October 2000 the Chief, Retention Management Division (RMD), Total Army Personnel Command (PERSCOM) approved a waiver of the applicant’s reenlistment eligibility code and determined that his grade for enlistment in the Regular Army would be sergeant (E-5).  The Chief, RMD also informed the applicant that should he decide to enter active duty, the Defense Finance Administrative Service would recoup the separation pay he received upon early separation.  The applicant was given 180 days to make his decision.

On 14 November 2000 the applicant enlisted in the Army for 3 years in the rank/pay grade of sergeant/E-5. He was assigned to Fort Bliss, Texas for duty as a Patriot Missile Crewmember (14T).

Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service into the Regular Army and the United States Army Reserve.  Paragraph 3-16 provides that the Commanding General, PERSCOM will make a determination of pay grade for prior service members desiring to enlist again in the Regular Army.  It also provides that he will evaluate the individual for eligibility for enlistment and determine if there is a current vacancy in the applicant’s former primary MOS.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant voluntarily chose to separate and to subsequently reenlist in the Army in the rank/pay grade of sergeant/E-5.  There is no evidence showing that he was entitled to, or promised, a higher pay grade upon returning to the Army.

2.  The applicant’s contention that he enlisted in the Army for duty in a critically short MOS, and therefore; should have retained his former pay grade is not supported by the available evidence.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__MDM     __CLG__  __ENA___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000050600	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010111	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	112.02	
2.		
3.		
4.		
5.		
6.