IN THE CASE OF: BOARD DATE: 23 August 2023 DOCKET NUMBER: AR20230000734 APPLICANT REQUESTS: in effect, correction of his military records to show his date of rank (DOR) to corporal (CPL/E-4) as 1 March 2020. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149, Application for Correction of Military Record * U.S. Marine Corps (USMC) Promotion Certificate to CPL, 1 March 2020 * USMC DD Form 214, Certificate of Release or Discharge from Active Duty, 7 August 2020 FACTS: 1. The applicant states, in effect, that prior to enlisting in the Regular Army (RA), he served in the USMC. While serving in the USMC he was promoted to CPL on 1 March 2020 and subsequently got out of the USMC. He enlisted in the RA one year later. His U.S. Army records incorrectly show his DOR to CPL as 18 November 2020. 2. The applicant served in the USMC from 8 August 2016 to 7 August 2020. His DD Form 214 for this period shows he held the rank and pay grade of CPL/E-4 at the time of his release from active duty. 3. He enlisted in the RA on 4 May 2021 in the rank/pay grade of specialist (SPC)/E-4 and he is currently serving on active duty. 4. His Enlisted Record Brief lists his rank and pay grade as specialist (SPC/E-4) with a DOR of 28 November 2021. 5. The applicant provides his USMC promotion certificate showing he was promoted to CPL on 1 March 2020. 6. On 23 July 2023, the Chief, Enlisted Promotions provided an advisory opinion in this case. This official recommended denial of the applicant’s request and stated per Army Regulation 600-8-19, Enlisted Promotions and Reductions, 16 May 2019, paragraph 1- 14a(4) states that on enlistment in the Army (any component) of a former enlisted member of the Armed Forces, other than the Army, if enlisted in the RA, the date of rank of the enlistment grade is the date of enlistment in the RA. Under this provision the applicant is not authorized an earlier DOR to specialist (SPC/E-4). Further, the record shows that the applicant’s DOR is incorrectly listed as 28 November 2020; however, it should be 4 May 2021 - the date he enlisted in the RA. 7. The applicant was provided a copy of the advisory opinion on 9 August 2023. He did not respond by the suspense date. 8. Regulatory guidance states that on enlistment in the Army (any component) a former enlisted member of the Armed Forces, other than the Army, if enlisted in the RA, the DOR of the enlistment grade is the date of enlistment in the RA. 9. It is the policy of this Board to not disadvantage an applicant by making the situation any worse off for having applied for a correction to their record. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and the Human Resources Command (HRC),Chief, Enlisted Promotions advisory opinion, the Board concurred with the advising official recommendation for denial based on regulatory guidance which states enlistment in the Army (any component) of a former enlisted member of the Armed Forces, other than the Army, if enlisted in the RA, the date of rank of the enlistment grade is the date of enlistment in the RA. Under this provision the applicant is not authorized an earlier DOR to specialist (SPC/E-4). 2. The Board determined correction of the applicant’s military records to show his date of rank (DOR) to corporal (CPL/E-4) as 1 March 2020 is without merit. Based on this, the Board denied relief. ? 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. Army Regulation (AR) 600-8-19, Enlisted and Promotions and Reductions, 16 May 2019, on enlistment in the Army (any component) a former enlisted member of the Armed Forces, other than the Army, if enlisted in the Regular Army, the DOR of the enlistment grade is the date of enlistment in the Regular Army. 2. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR will decide cases on the evidence of record. It is not an investigative body. 3. It is the policy of this Board to not disadvantage an applicant by making the situation any worse off for having applied for a correction to their record. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000734 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1