MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  10 October 2002
	DOCKET NUMBER:  AR2002071796

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Roger W. Able		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:  In effect, that his date of rank (DOR) for SGT/E-5 be adjusted based on his prior service in the Regular Army (RA).

APPLICANT STATES:  That he was promoted to SGT/E-5 in the Army Reserve, effective 30 October 2001; however, the 90th Regional Support Command (RSC) refused to give him credit for his prior service as an E-5 in the RA.  In support of his application, he submits copies of his:  DD Form 4/1 (Enlistment/Reenlistment Document), DD Form 214 (Certificate of Release or Discharge from Active Duty), and a copy of his promotion orders.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant is currently serving in the Army Reserve with the 450th  Chemical Battalion in Houston, Texas.

He enlisted in the RA on 15 February 1985, as a cannon crewmember.  He was promoted to SGT/E-5 effective 1 February 1988, with a DOR of 7 January 1988.  He continued to serve until he was released from active duty on 3 July 1991, in the pay grade of E-5.  He was transferred to the US Army Reserve (USAR).  He was discharged from the USAR on completion of his Reserve obligation effective 5 January 1993.

After a break in service, he enlisted in the USAR on 14 February 2000, as a supply specialist in the pay grade of E-4.  

The applicant provided a copy of his DD Form 4/1, dated 14 February 2000, which shows that he enlisted in the pay grade of E-4.  He was promoted to SGT/E-5 on 30 October 2001.

Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service (PS) applicants for enlistment.  Paragraph 3-18 pertains to enlistment pay grade for PS personnel who are enlisting into the USAR.  Subparagraph 3-18b states that former enlisted members, either RA or Reserve Component (RC) who enlist within 30 months from last separation will be enlisted in the grade held at time of last separation.  Subparagraph 3-18c states that former enlisted members, either RA or RC who enlist after 30 months from last separation will be enlisted in a grade at least one grade lower than the grade held at time of last separation, but not lower than private first class (PFC).

Army Regulation 140-158 provides the policy for promotion of USAR soldiers.  There are no provisions in the regulation for an earlier DOR or effective date of promotion on repromotion to a grade previously held on a prior enlistment.

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 evidence of record shows that the applicant was released from active duty in the RA on 3 July 1991, in the pay grade of E-5.  His DD Form 4/1 correctly shows that on 14 February 2000, he enlisted in the USAR in the pay grade of E-4, the highest grade he was eligible for.   He was later promoted to
E-5 on 30 October 2001.

2.  The evidence also shows that he enlisted well over 30 months or more after his last separation from service and is not entitled to adjustment of his DOR for SGT/E-5 based on his prior service.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  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

__rw___  ___jm__  ___ra___  DENY APPLICATION

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

INDEX

CASE ID	AR2002071796	
SUFFIX		
RECON		
DATE BOARDED	20021010	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR   USAR	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  21		
2.		
3.		
4.		
5.		
6.