IN THE CASE OF:	  

		BOARD DATE:	  30 June 2015

		DOCKET NUMBER:  AR20140017104 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be promoted to the pay grades of E-6 and E-7.

2.  The applicant states he made the rank of staff sergeant in 2009 when he received his recruiter ring; however, he was told that as a retiree recall he could not be promoted.  He did the best he could and he should have been promoted. 

3.  The applicant provides a one-page letter explaining his application, ten letters of support, and a copy of his DD Form 214. 

CONSIDERATION OF EVIDENCE:

1.  The applicant was on the Army of the United States (AUS) Retired List in the rank of sergeant (SGT) when he was recalled to active duty on 26 October 2008.

2.  He remained on active duty until he was again retired by reason of completion of required active duty on 26 February 2014.  He had served 20 years, 4 months, and 8 days of active service and was again retired in the rank of SGT.

3.  Army Regulation 601-10 (Management and Recall to Active Duty of Retired Soldiers of the Army in Support of Mobilization and Peacetime Operations) provides in paragraph 2-4d (Active Duty Grade and Promotion) that retired military personnel recalled to active duty in a retired status are not eligible for promotion.


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions and supporting documents have been carefully considered; however, the applicable regulation provides that retirees recalled to active duty are not eligible for promotion.

2.  Therefore, there appears to be no error or injustice in his case and no basis to grant his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________X___________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20140017104





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ABCMR Record of Proceedings (cont)                                         AR20140017104



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