PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:                6 November 2001              
	DOCKET NUMBER:       AR2001052223

	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:

	Ms. Deborah S. Jacobs		Chairperson	
	Mr. Elzey J. Arledge, Jr. 		Member	
	Mr. Donald P. Hupman, Jr.		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 his records be corrected to show his date of rank (DOR) to pay grade E-7 as 1 March 1994.

3.  The applicant states that his DOR should not have changed when he reenlisted in the Regular Army (RA) after serving in the Army Reserve (USAR) and the Army National Guard (ARNG), without a break in military service.

4.  The applicant’s military records show that his service was:

	From			To				Component

	24 April 1982		13 May 1982			USAR

	14 May 1982		21 November 1995		RA

	22 November 1995	5 March 1996		USAR

	6 March 1996	11 August 1999		ARNG

	12 August 1999	Present			RA

5.  He was promoted to pay grade E-7 effective 1 March 1994 with a DOR of      1 March 1994.

6.  DD Form 4/2 (Enlistment/Reenlistment Document – Armed Forces of the United States) indicates, in pertinent part, that the applicant enlisted, in pay grade E-7, on 12 August 1999 and his DOR was erroneously determined to be adjusted to 21 August 1999.

7.  On 2 March 2001, the Chief, Retention Management Division, Total Army Personnel Command (PERSCOM) opined that the applicant’s DOR was correct and did not need further correction.

8.  On 26 March 2001, the PERSCOM opinion was provided to the applicant for his acknowledgement/rebuttal.  He did not respond.

9.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) indicates, in pertinent part, that the DOR will be adjusted at the time of RA enlistment per AR 600-20, guidance counselors will advise applicants that this entry will be reviewed at first duty station or the recruiting battalion for correctness.

10.  Army Regulation 600-20 indicates, in pertinent part, that on a subsequent enlistment/reenlistment without a “break in military service” of more than 90 days, the soldier retains the DOR of the grade held prior to reenlistment.  Also, that a soldier who reenlists in the Regular Army (RA) with a “break in military service” of more than 90 days, he is to have his original DOR adjusted.  The DOR of the enlistment grade is the date preceding the reenlistment date by a period equal to the length of time previously served in the RA in the same or higher grade than that in which reenlisted.

11.  Computation:

	a.  Enlistment date (12 August 1999):                                          990812

	b.  Time previously served in grade (1 yr, 8 mo and 21 days):     010821

	c.  Adjusted date of rank (21 November 1997):                            971121

CONCLUSIONS:

1.  Notwithstanding the opinion by PERSCOM officials, the regulatory guidance and evidence of record clearly shows the applicant’s enlistment of 12 August 1999 with an adjusted DOR of 21 August 1999 was erroneous.  It should have been adjusted to 21 November 1997 and his records should be corrected accordingly.

2.  Based on his enlistment in the RA on 12 August 1999, his pay grade E-7 DOR should be adjusted to 21 November 1997 in accordance with Army Regulation 600-20 (Army Command Policy).

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing:

	a.  the DOR of the individual concerned is 21 November 1997; and

	b.  his entitlement to all appropriate pay and allowances.

2.  That, following administrative implementation of the foregoing, his records be submitted to duly constituted standby advisory boards, as appropriate.

3.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

_dsj____  _dph____  _eja____    GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Deborah S. Jacobs
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001052223	
SUFFIX		
RECON		
DATE BOARDED	20011106	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  100	Administrative Corrections	
2.		
3.		
4.		
5.		
6.