IN THE CASE OF: BOARD DATE: 28 APRIL 2009 DOCKET NUMBER: AR20080019143 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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he was discharged in the rank and pay grade of SPC/E-4. 2. The applicant states that his DD Form 214 reflects that he was discharged in the rank and pay grade of PFC/E-3; however, while he was on terminal leave he was promoted to the rank and pay grade of SPC/E-4, before his service ended. 3. The applicant provides a copy of his DD Form 214 and a copy of his Enlisted Records Brief. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army in Boston, Massachusetts on 18 January 2006 for a period of 3 years and 25 weeks and training as a small arms/artillery repairer. 2. He completed his basic training at Fort Sill, Oklahoma and his advanced individual training (AIT) at Aberdeen Proving Ground, Maryland before being assigned to Fort Sill, Oklahoma for his first and only duty assignment. He was advanced to the pay grade of E-3 on 1 January 2007. 3. On 23 January 2008, he was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24b (3), due to disability with severance pay. He had served 2 years and 6 days of active service and his DD Form 214 reflects that he was discharged in the rank and pay grade of PFC/E-3. 4. The applicant's Enlisted Records Brief and his Total Army Personnel Data Base records indicate that he was advanced to the pay grade of E-4 on 18 January 2008. 5. In the processing of this case a staff member of the Board contacted officials at the Defense Finance and Accounting Service (DFAS) in Indianapolis, Indiana to ascertain at what pay grade the applicant was paid at the time of his discharge. Officials at the DFAS informed the staff member of the Board that he was paid in the pay grade of E-4. 6. A review of the applicant's official records failed to show a promotion instrument which advanced the applicant to the pay grade of E-4. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his DD Form 214 should reflect his rank and pay grade as SPC/E-4 has been noted and appears to have merit. 2. Although there is no promotion instrument in his records, his personnel records indicate that he was advanced to the pay grade of E-4 on 18 January 2008 and it was confirmed telephonically that he was paid by DFAS in the pay grade of E-4. 3. Accordingly, it is reasonable to presume that the absence of his promotion orders in his records was an administrative error that caused his DD Form 214 to be prepared reflecting his rank and pay grade as PFC/E-3. 4. Therefore, it would be appropriate at this time to correct his DD Form 214 to show that he was discharged in the rank and pay grade of SPC/E-4, with a date of rank (DOR) of 18 January 2008. BOARD VOTE: ___X_____ ___X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was discharged in the rank and pay grade of SPC/E-4, with a DOR of 18 January 2008. _______ _XXX _______ ___ 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) AR20080019143 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080019143 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1