PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            23 May 2002
	DOCKET NUMBER:   AR2002069658

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Karen Y. Fletcher		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 that his date of rank (DOR) for promotion to the pay grade of E-7 be adjusted to reflect his time in grade (TIG) as an E-7 prior to his discharge.

3.  The applicant states that he was promoted to the pay grade of E-7 on 1 September 1999 and was honorably discharged on the expiration of his term of service (ETS) on 21 August 2000.  On 30 January 2002, he again enlisted in the Regular Army in the pay grade of E-7 and his contract indicated that his DOR would be adjusted at his first duty station.  He goes on to state that he had 356 days TIG as an E-7 and all attempts to date to get his servicing personnel office to change his DOR to 9 February 2001 have been futile. 

4.  The applicant’s military records show that he enlisted in Richmond, Virginia, on 13 November 1990 and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-7 on 1 September 1999, while serving as a Special Forces Weapons Sergeant at Fort Bragg, North Carolina.  He was honorably discharged on his ETS on 21 August 2000, in the pay grade of E-7. 

5.  On 30 January 2002, he enlisted in the Regular Army at Raleigh, North Carolina, in the pay grade of E-7, for a period of 3 years and a cash enlistment bonus.  His enlistment contract (addendum) indicates that his DOR would be adjusted at his first duty station in accordance with Army Regulation 600-20.

6.  In the processing of this case, a staff advisory opinion was obtained from the Office of the Deputy Chief of Staff for Personnel (ODCSPER) which opined, in effect, that the applicant’s request was in accordance with the provisions of Army Regulation 600-20, paragraph 3-4b(2).  The opinion was forwarded to the applicant and he concurred with the opinion as written.

7.  Army Regulation 600-20 provides policies and procedures regarding DOR adjustments.  It provides, in pertinent part, that without a break in service of more than 90 days, a soldier will retain the DOR of the grade held prior to enlistment/reenlist into the Regular Army.  When a break in military service of more than 90 days occurs and the soldier enlists or reenlists in the Regular Army, the DOR of the enlistment grade is the date preceding the enlistment date by a period equal to the length of time previously served in the Regular Army in the same or higher grade than that in which reenlisted.

CONCLUSIONS:

1.  The applicant served in the Regular Army in the pay grade of E-7 from 1 September 1999 through 21 August 2000.  He again enlisted in the Regular Army on 30 January 2002, in the pay grade of E-7, after having had a break in service of more than 90 days.  Accordingly, his DOR should have been adjusted at his first duty station to reflect the time he served in the pay grade of E-7 prior to being discharged on 21 August 2000.

2.  Therefore, the Board finds that it would be in the interest of justice to adjust his DOR at this time by granting him credit served in the pay grade of E-7 during the period of 1 September 1999 through 21 August 2000.

3.  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 by adjusting the DOR of the individual concerned to show that he was granted the appropriate number of days of DOR credit for promotion to the pay grade of E-7, effective the date of his current enlistment (30 January 2002), for time served in that pay grade during the period of 1 September 1999 through 21 August 2000.

BOARD VOTE:  

___mdm_  ___le____  ___kf___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Mark D. Manning_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002069658	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/23	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  315	131.0500/DOR	
2.		
3.		
4.		
5.		
6.