MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            15 July 2003
	DOCKET NUMBER:   AR2002083395

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Eric N. Anderson		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 rank of master sergeant be restored or that his date of rank (DOR) for the pay grade of E-7 be adjusted from 15 August 2002 to 15 April 2001.

APPLICANT STATES:  In effect, that at the time he was serving in the Army National Guard (ARNG) in the rank of master sergeant (E-8), on active duty, he inquired into the possibility of remaining on active duty in the Regular Army.  He was informed at the time that he would have to be discharged before he could enlist in the Regular Army and that he could only enlist in the pay grade of E-7.  However, his DOR would be 15 April 2001, the date he was promoted to the pay grade of E-8.  He goes on to state that he was discharged from the ARNG on 14 August 2001 and enlisted in the Regular Army on 15 August 2001; at which time he was informed that his DOR for E-7 was the date of his enlistment in the Regular Army.  He continues by stating that he believes his DOR should be the date he attained the pay grade of E-8 and believes it unfair that he was not allowed to enlist in the pay grade of E-8.

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

He enlisted in the Regular Army on 1 April 1982 and served on active duty as a multiple launch rocket system crewmember until he was honorably discharged in the pay grade of E-6 on 10 September 1992, under the Fiscal Year 1992 Enlisted Voluntary Early Transition Program.  He had served 10 years, 5 months and 10 days of total active service and received a special separation benefit (SSB) payment of $29,355.02.

He enlisted in the United States Army Reserve (USAR) upon his discharge (a condition of receiving SSB payment) and remained in the USAR Control Group (Individual Ready Reserve (IRR)) until 12 July 1995, when he enlisted in the New Mexico ARNG (NMARNG).  He was promoted to the pay grade of E-7 on 15 April 1999 and to the pay grade of E-8 on 15 April 2001.  He entered active duty on 15 August 2001, as a ARNG E-8, for a period of 1 year (extended active duty tour) and on 11 June 2002, he submitted a request to enlist into the Regular Army. 

On 30 July 2002, the Total Army Personnel Command (PERSCOM) authorized the applicant to enlist in the Regular Army on 15 August 2002, for a period of 4 years, in the pay grade of E-7.  The memorandum authorizing his enlistment also explained that his DOR would be established in accordance with Army Regulation 600-20 and that he was authorized to enlist in the pay grade of E-7, because the strength of the Army, in his military occupational specialty at the pay grade of E-8 was over-strength.

On 14 August 2002, the applicant was discharged from the NMARNG and on 15 August 2002, he enlisted in the Regular Army for a period of 4 years, in the pay grade of E-7.  He indicated by his initials that no promises or guarantees were made to him in connection with his enlistment.  His DOR was established as 15 August 2002.

In the processing of this case a staff advisory opinion was obtained from the PERSCOM, Retention Management Division, which opined that at the time the applicant enlisted, his MOS in the grade of E-8 was at 103%, with 52 soldiers pending promotion to the pay grade of E8.  The applicant was approved to enter in the pay grade of E-7 in MOS 14S, which was at 99%.  Accordingly, he was enlisted at the proper grade and the PERSCOM recommended no change of grade be made.

The advisory opinion was provided to the applicant for comment and he responded to the effect that he was mislead in regards to the DOR he would receive and that he did not understand why he had to be reduced in grade to enter the active components when he had never had a break in service.

Army Regulation 600-20 serves as the authority for computing dates of rank at the time of enlistment.  It provides, in pertinent part, that if a Reserve of the Army enlisted soldier serving on extended active duty in the Active Army enlists in the Regular Army, the DOR of the enlisted grade is the date of the Regular Army enlistment.

Army Regulation 601-210 governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the USAR.  It provides, in pertinent part, that a prior service applicant, last separated from any component or who is a member of a Reserve Component in the grade of E-7 or higher, regardless of years of service, will have an enlistment grade and eligibility determination made by the Commanding General, PERSCOM.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  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.

2.  The applicant applied for enlistment in the Regular Army and based on the needs of the service, was approved for enlistment in the pay grade of E-7.  The PERSCOM explained at the time that he was considered for enlistment in the pay grade of E-8; however, there were no vacancies at that time.

3.  The applicant had the option at that time to decline the offer and to remain in the Reserve Component in which he was serving at the time.  However, he elected instead to accept the Army's offer to enlist in the pay grade of E-7.  Therefore, given the circumstances in this case, the Board finds that he was properly enlisted in the pay grade of E-7

4.  The Board has noted the applicant's contention that he was promised that his DOR would be backdated and finds no evidence to support his contention.  He had an opportunity to make known any such promises at the time of his enlistment and the evidence of record clearly shows that no such promises were made to him.  Accordingly, he was properly given a DOR effective the date of his enlistment.

5.  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

___mvt__  ___fe ___  __ena ___  DENY APPLICATION

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

INDEX

CASE ID	AR2002083395	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/07/15	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  302	129.0000/PAY GRD	
2.  224	112.0200/DOR	
3.		
4.		
5.		
6.