PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  27 March 2001
	DOCKET NUMBER:  AR2000050764

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Allen L. Raub		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 his records be corrected to show his date of rank (DOR) for the rank of sergeant, pay grade E-5, as 1 July 1999, and that his standing on the junior enlisted centralized promotion list be maintained.

3.  The applicant states that he was promoted to sergeant on 1 July 1999; reduced to specialist, pay grade E-4 on 17 February 2000; and promoted to sergeant on 18 February 2000. 

4.  The applicant’s military records show that he served in:

a.  the Army Reserve Delayed Enlistment Program from 10 April to         24 May 1989;

b.  the Regular Army from 25 May 1989 to 6 January 1996, in pay grade E-4 with a DOR of 1 January 1991;

c.  the Army Reserve Control Group (Reinforcement) from 7 January 1996 to 22 February 1998, and

d.  the 80th Division (Div)(Institutional Training (IT)) from 23 February 1998, in pay grade E-4 with a DOR of 1 January 1991 to the present.

5.  During the period 23 October 1998 to 19 September 1999, he attended and satisfactorily completed the Drill Sergeant School 

6.  On 28 June 1999, Orders A-179-1, 80th Div (IT) announced his promotion to sergeant, pay grade E-5, under Army Regulation (AR) 140-158, paragraph 3-2b, with a DOR of 1 July 1999.

7.  On 15 March 2000, Orders 00-075-004, 80th Div (IT) announced his reduction to specialist, pay grade E-4, effective 17 February 2000, with a DOR of 15 March 2000 (sic), under AR 140-158, paragraph 7-12 (e-g).

8.  On 28 March 2000, Orders 00-088-003, 80th Div (IT) reannounced his promotion to sergeant, pay grade E-5, with a DOR of 18 February 2000 (sic), under AR 140-158.

9.  On 19 April 2000, the centralized “List of Soldiers Recommended for Promotion” to pay grade E-6 was approved and included the applicant’s name.

10.  On 13 September 2000, the former Chief of Promotions, 80th Div (IT) documented the applicant was properly promoted to sergeant, pay grade E-5 effective 1 July 1999 and that the promotion was valid.

11.  On 8 July 2000, the applicant’s battalion commander and Command Sergeant Major provided specific information that the DOR should be 1 July 1999.

12.  Promotion to staff sergeant and placement on the promotion list requires       8 months of time in the lower grade, waivable to 3 months for those who have been recommended in the secondary zone.

CONCLUSIONS:

1.  The applicant’s promotion to sergeant with a DOR of 1 July 1999 was correct and proper and his records should reflect that DOR.

2.  The applicant’s reduction to specialist effective 17 February 2000 under subparagraph’s e, f and g, of paragraph 7-12, AR 140-158 is for failure to complete schooling, erroneous enlistment grades or failure to qualify in MOS, respectively.  Based on the available records, the applicant did not qualify for reduction under any of these provisions.  The reduction was improper.

3.  The applicant’s promotion to sergeant effective 18 February 2000 was not valid, since the applicant’s 1 July 1999 promotion was proper and correct and the 17 February 2000 reduction to specialist was invalid.  His DOR was improperly shown as 18 February 2000.  His DOR should have been reestablished as 1 July 1999.

4.  The applicant was recommended and approved for placement on the centralized list for promotion to staff sergeant, pay grade E-6, for 2D Brigade (BCT/CM-OUST), 80th Division (IT), dated 15 April 2000 and his name should remain on that list. 

5.  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: 

a.  by showing the individual concerned was promoted to sergeant, pay grade E-5 effective 1 July 1999, with a DOR of 1 July 1999, and that he is entitled to all pay and allowances for that grade and date;

b.  by showing the applicant’s name was established and maintained on the centralized ”List of Soldiers Recommended for Promotion”, effective 19 April 2000 for staff sergeant, E-6; and

c.  by showing that upon meeting the centralized enlisted promotion requirements, he was promoted to staff sergeant, E-6, with the applicable DOR and pay, as appropriate.

BOARD VOTE:  

___ra___  __gw___  ___ar___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Roger W. Able____
		        CHAIRPERSON

INDEX

CASE ID	AR2000050764	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010327	
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.		
2.		
3.		
4.		
5.		
6.