PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            12 September 2002
	DOCKET NUMBER:   AR2002071811

	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. John N. Slone		Chairperson	
	Mr. Donald P. Hupman, Jr.		Member	
	Mr. William D. Powers		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) be adjusted to reflect his prior service in that grade.

3.  The applicant states, in effect, that he separated from the service in the pay grade of E-7 and after a 9 ½ year break, again enlisted in the Regular Army in the pay grade of E-6.  However, his DOR was not adjusted to reflect his prior service.  Consequently, he desires his DOR be corrected to reflect a date of 12 February 1993.  

4.  The applicant’s military records show that he enlisted on 27 June 1978 and served on active duty as a signal intelligence analyst through a series of continuous reenlistments.  He was promoted to the pay grade of E-6 on 26 July 1983 and to the pay grade of E-7 on 21 October 1988.

5.  On 28 July 1992, he was honorably discharged under the Fiscal Year 1992 Enlisted Voluntary Early Transition Program.  He had served 14 Years, 1 month and 2 days of total active service.  He was paid $48,085.28 in separation pay under the Special Separation Benefit (SSB) Option.  He had served in the pay grade of E-6 and E-7 for 9 years and 3 days.

6.  He enlisted in the United States Army Reserve (USAR) on 29 July 1992 for a period of 3 years, in the pay grade of E-7 and remained in the USAR until he was honorably discharged on 21 June 1994.

7.  On 23 August 2001, he again enlisted in the USAR in the pay grade of E-6 for a period of 6 years.  He remained in the USAR until he enlisted in the Regular Army with a waiver on 14 February 2002, in the pay grade of E-6.  At the time of his enlistment his contract indicated that his DOR would be adjusted at his first duty station in accordance with Army Regulation 600-20.

8.  In the processing of the applicant’s application to the Board, the Army Reserve Personnel Command (ARPERSCOM) provided an advisory opinion to the Board, which opined, in effect, that under Army Regulation 140-158, a subsequent contractual reentry into the USAR will not authorize grade restoration.  His entry into the USAR was a contractual agreement in which he agreed to enlist at a lower grade and his service as a staff sergeant prior to 28 July 1998 did not warrant adjustment to his DOR.  The opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board.

9.  Army Regulation 600-20 provides policy and procedures for the adjustment of DOR for former enlisted soldiers who re-enlist in the Regular Army.  It provides, in pertinent part, that the DOR for such soldiers is a date preceding the reenlistment date by a period equal to the length of time previously served on active duty in the same or higher grade than that in which reenlisted.
CONCLUSIONS:

1.  Notwithstanding the advisory opinion by the ARPERSCOM, the applicant is requesting a DOR adjustment to his current enlistment in the Regular Army.  While he is not entitled to a DOR adjustment to his enlistments in the USAR, he is entitled, under the applicable regulations, to have his DOR adjusted to reflect the time he served in the pay grade of E-6 and above while on active duty. 

2.  The applicant served on active duty in the pay grade of E-6 and higher for 9 years and 3 days and is entitled to have his DOR adjusted to 11 February 1993. 

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 showing that effective 14 February 2002, the DOR of the individual concerned is changed to reflect a DOR of 11 February 1993. 

BOARD VOTE:  

___dh___  __js_____  __wdp __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2002071811	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/09/12	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  315	131.0500/PRM DOR	
2.		
3.		
4.		
5.		
6.