BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150007470 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___ x _____ __ x ______ __ x _ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150007470 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________ 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. BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150007470 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 correction of his date of rank (DOR) for staff sergeant (SSG/E-6) to 1 August 2004 instead of 9 May 2005. 2. The applicant states the wrong information was entered after his break in service. 3. The applicant provides: * promotion order * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DD Form 4/1 (Enlistment/Reenlistment Document-Armed Forces of the United States) * Enlisted Record Brief (ERB) CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army (RA) in the rank of private (PVT/E-1) on 25 July 1997. He reenlisted twice and was promoted to SSG/E-6 effective 1 August 2004. 2. On 12 June 2006, the applicant was honorably discharged by reason of completion of required active service. The DD Form 214 issued at that time shows he completed 8 years, 10 months, and 18 days of creditable active duty service of which 1 year, 10 months, and 11 days was served as a SSG/E-6. 3. His official military personnel file (OMPF) contains a DD Form 1966/4 (Record of Military Processing – Armed Forces of the United States) completed on 20 March 2007. Section VI (Remarks) shows the Army approved a grade determination request authorizing the applicant to enlist in the RA in the rank and grade of SSG/E-6. 4. After a 9 month and 8 day break in service, the applicant enlisted in the RA in the rank of SSG on 20 March 2007. On 30 October 2008 he enlisted in the rank of SSG for an indefinite period and currently serves at Fort Wainwright, Alaska. 5. In the processing of this case an advisory opinion was obtained from the Chief, Force Alignment Division, U.S. Army Human Resources Command (HRC) on 30 October 2008. The official recommended the applicant’s DOR remain 9 May 2005 based on the applicable regulatory criteria found in Army Regulation 600-20 (Army Command Policy), chapter 2 (Command Policies), paragraph 2-20b(2)(a). 6. On 18 August 2016 the applicant was forwarded a copy of the advisory opinion. He did not respond. REFERENCES: Army Regulation 600-20, paragraph 2-20 (Date of rank of enlisted Soldiers), states on subsequent enlistment/reenlistment without a break in military service of more than 90 days, the Soldier retains the DOR of the grade held prior to reenlistment. With a break of service of more than 90 days, the RA DOR is the date preceding the reenlistment date by a period equal to the length of time previously served in the RA in the same or higher grade than that in which reenlisted. DISCUSSION: 1. The applicant contends his SSG DOR should be 1 August 2004 instead of 9 May 2005. 2. The evidence of record confirms that, from the time of the applicant’s promotion to SSG/E-6 on 1 August 2004 until his discharge from active duty on 12 June 2006, he was an SSG/E-6 for 1 year, 10 months, and 11 days. The evidence also shows that, subsequent to his 12 June 2006 discharge, he reenlisted in the RA on 20 March 2007. Given the applicant’s more than 90 day break in service, his 1 year, 10 months, and 11 days of prior service in the rank of SSG/E-6 was subtracted from his 20 March 2007 enlistment date to obtain his new SSG DOR of 9 May 2005. The applicant?s 9 May 2005 SSG DOR was calculated in compliance with the governing regulation. /NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150007470 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150007470 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2