BOARD DATE: 13 March 2020 DOCKET NUMBER: AR20190009793 APPLICANT REQUESTS: Correction of his record to show his accession into the U.S. Army Reserve (USAR) was in the rank/grade of staff sergeant (SSG)/E-6, in lieu of, sergeant (SGT)/E-5. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Letter * Orders Number 083-050, dated 24 March 1999 * DA Forms 4872 (Certificate of Promotion), dated 1 April 1998 and 1 February 2006 * Orders Number 038-007, dated 7 February 2006 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 18 October 2007 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 6 May 2011 * DD Forms 4 (Enlistment/Reenlistment Document Armed Forces of the United States), page 1, dated 7 May 2008 and 18 August 2016 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10 United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he left active duty as a SSG in 2007. Six months later, in 2008, he enlisted in the Army National Guard (ARNG), but due to slotting issues he was placed in a SGT slot. Unfortunately, they put SGT on his enlistment contract as well. He has never been demoted or reduced in rank of any kind. When he left the ARNG in 2011, his NGB Form 22 listed SGT, but his date of rank shown is for SSG. When he enlisted in the USAR in 2016, the military entrance processing station commander did a rank determination, and concluded that he could keep his rank due to his civilian career (because he did high visibility, professional performances, as well as received degrees in vocal performance during his break in service) being equivalent during his break in service. However, the rank he should have kept was SSG, and should have been enlisted as such. 3. A review of the applicant’s official records show the following: a. On 23 July 1993, the applicant enlisted in the Regular Army and served in various positions. b. On 7 February 2006, Orders Number 038-007, issued by Headquarters, Fort McPherson, GA, promoted the applicant to the rank of SSG in Military Occupational Specialty (MOS) 25U (Signal Support Systems Specialist), with a Date of Rank (DOR) of 1 February 2006. c. On 18 October 2007, the applicant was honorably discharged from active duty. DD Form 214, item 4a (Grade, Rate or Rank) shows his rank as SSG. d. On 7 May 2008, the applicant enlisted in the Utah ARNG in the rank of SGT in MOS 42R (Band Musician). In conjunction with this enlistment, DD Form 1966 (Record of Military Processing Armed Forces of the United States) was completed showing in section 2 (Examination and Entrance Data Processing Codes), item g (Pay Grade) E-5, and item h (Date of Grade) 18 August 2006. e. On 6 May 2011, the applicant was honorably discharged from the ARNG by reason of expiration of service obligation. NGB Form 22 shows in item 5a (Rank) SGT, and item 6 (DOR) 18 August 2006. f. The applicant’s records are void of any orders promoting him to SSG during his service in the ARNG. g. On 18 August 2016, the applicant enlisted in the USAR in the rank of SGT in MOS 42R. In conjunction with this enlistment DD Form 1966 was completed showing in section 2, item g E-5, and item h, 18 August 2016. Section 6 (Remarks) shows "My date of rank will be adjusted at my first duty station in accordance with Army Regulation (AR) 600-20 (Army Command Policy). Enlistment grade is E-5 in accordance with AR 601-210 (Active and Reserve Components Enlistment Program) paragraph 3-17." h. The applicant remains in the USAR. 4. The applicant provides: a. Orders Number 083-050, issued by Headquarters, U.S. Army Garrison, Fort Myer, Virginia, promoted the applicant to the rank of SGT, effective 1 April 1999. b. DA Forms 4872 showing he was promoted to the rank of SGT on 1 April 1999, and SSG on 1 February 2006. 5. AR 600-20: a. Paragraph 2-20 (DOR, enlisted Soldiers) states on enlistment in the ARNG within 24 months of the last discharge in a grade lower than held at discharge, the DOR will be adjusted to reflect the original DOR plus elapsed time since discharge. b. On enlistment in the USAR if more than 12 months after discharge, the DOR of enlistment grade is the date of enlistment. 6. AR 601-210, paragraph 3-18 (Enlistment pay grades for prior Service for Reserve Component enlistment): a. Paragraph 3-18a(3) states an applicant who is a former enlisted member in the Armed Forces in the grade of E–5 through E–9 and who enlists after 48 months from last separation and have no remaining Military Service Obligation (MSO) will be enlisted one grade lower than the grade held at time of last separation. The Commanding General, U.S. Army Recruiting (USAREC) or the Director, ARNG may consider waivers for former Soldiers in the grades of E–6 through E–9. Commanders of recruiting battalions may consider waivers for former Soldiers in the grade of E–5. c. Paragraph 3-18c states the appropriate approving authority may authorize enlistment in same grade held by the applicant when last discharged if MOS held is the same MOS for which enlisting, or if it is determined that the applicant possesses the technical or administrative skills needed for the MOS vacancy in which enlisting. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence on the records. The Board considered the applicant’s statement, his record of service to include promotions, his separation from active duty and subsequent enlistments in the ARNG and the USAR. The Board considered the policy specific to determination of grade when Soldiers with prior service enlist in the Reserve Component. Based on a preponderance of evidence, the Board determined that the rank at which the applicant enlisted when accessed into the USAR was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X :X :X DENY APPLICATION 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. 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. ? REFERENCES: 1. Title 10 USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 600-20 (Army Command Policy): a. Paragraph 2-20 (DOR, enlisted Soldiers) states on enlistment in the ARNG within 24 months of the last discharge in a grade lower than held at discharge, the DOR will be adjusted to reflect the original DOR plus elapsed time since discharge. b. On enlistment in the USAR if more than 12 months after discharge, the DOR of enlistment grade is the date of enlistment. 3. AR 601-210 (Active and Reserve Components Enlistment Program) paragraph 3-18 (Enlistment pay grades for prior Service for Reserve Component enlistment): a. Paragraph 3-18a(3) states an applicant who is a former enlisted member in the Armed Forces in the grade of E–5 through E–9 and who enlists after 48 months from last separation and have no remaining MSO will be enlisted one grade lower than the grade held at time of last separation. The Commanding General, USAREC or the Director, ARNG may consider waivers for former Soldiers in the grades of E–6 through E–9. Commanders of recruiting battalions may consider waivers for former Soldiers in the grade of E–5. b. Paragraph 3-18c states the appropriate approving authority may authorize enlistment in same grade held by the applicant when last discharged if MOS held is the same MOS for which enlisting, or if it is determined that the applicant possesses the technical or administrative skills needed for the MOS vacancy in which enlisting. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190009793 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1