PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            26 November 2002
	DOCKET NUMBER:   AR2002074371

	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. Samuel A. Crumpler		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Hubert O. Fry		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) to the pay grade of E-6 be adjusted to 24 September 1993. 

3.  The applicant states that he was promoted to the pay grade of E-6 on 24 September 1993, while serving on active duty with the National Guard.  He further states that he served in that pay grade on active duty from September 1996 to October 2001, until he was discharged for a period of 30 days in order to enlist in the Regular Army.  He continues by stating that he enlisted in the pay grade of E-6 on 5 December 2001 and attended the Advanced Noncommissioned Officer Course (ANCOC) from March to July 2001.  However, he subsequently discovered that his DOR had been adjusted to the date he enlisted (5 December 2001), and believes that he should have retained his original DOR.

4.  The applicant’s military records show that on 24 September 1993, while serving as a Special Forces communications sergeant in the Utah Army National Guard, he was promoted to the pay grade of E-6.

5.  On 31 October 2001, while serving on active duty in the Active Guard/Reserve (AGR) Program, he was honorably released from active duty due to completion of regular active service.  He had served 5 years and 2 months of active service during his current enlistment.    

6.  On 5 December 2001, 35 days after his discharge, he enlisted in the Regular Army in the pay grade of E-6 (based on approved grade determination from the Total Army Personnel Command), for a period of 4 years, under the Special Forces Enlistment Option, assignment to Fort Bragg, North Carolina, and a cash enlistment bonus.  At the time of his enlistment, his contract indicated that his DOR would be adjusted at his first duty station.

7.  In the processing of this application, a staff advisory opinion was obtained from the Total Army Personnel Command (PERSCOM), Retention Management Division, the same office that granted his grade determination for enlistment.  Officials at the PERSCOM opined that his DOR should be adjusted in accordance with Army Regulation 600-20, paragraph 3-4a(4)(b)2, to 28 October 1993.  The advisory opinion was provided to the applicant for comment and he concurred with the opinion on 20 August 2002.

8.  Army Regulation 600-20 provides in paragraph 3-4a(4)(b)2, in pertinent part, that if an enlisted member of the Army National Guard (ARNGUS) enlists within 24 months after discharge, in the same pay grade, the DOR will be adjusted to reflect the same DOR, plus elapsed time since discharge. 

CONCLUSIONS:

1.  The applicant was promoted to the pay grade of E-6 in the ARNGUS on 24 September 1993, was discharged on 31 October 2001, and enlisted in the Regular Army (35 days later) on 5 December 2001, in the pay grade of E-6.

2.  His DOR of 24 September 1993 should have been adjusted by 35 days to reflect the time that elapsed between his discharge from the ARNGUS and his enlistment in the Regular Army.  Accordingly, it would be in the interest of justice to correct his DOR in the pay grade of E-6 to 28 October 1993. 

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 that the E-6 DOR of the individual concerned is 28 October 1993.

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

BOARD VOTE:  

__sac ___  __hof ___  __ra____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2002074371	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/11/26	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  315	131.0500/DOR	
2.		
3.		
4.		
5.		
6.