IN THE CASE OF:	

		BOARD DATE:	  26 January 2010

		DOCKET NUMBER:  AR20090013773 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he held the rank/grade of captain (CPT)/pay grade O-3 at the time of his discharge instead of first lieutenant (1LT)/
pay grade O-2.

2.  The applicant states, in effect, that he was promoted to CPT/O-3 while he was on transition leave prior to his discharge.

3.  The applicant provides copies of his DD Form 214 and a promotion order as documentary evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that was appointed as a second lieutenant (2LT)/pay grade O-1 and immediately entered active duty on 4 May 2006.  The applicant served in the infantry area of concentration throughout his tenure on active duty.

2.  The applicant's DA Form 4037 (Officer Record Brief), dated 22 April 2009, shows he was promoted to 1LT/O-2 effective 4 November 2007.  This form also shows his active duty grade at the time the form was prepared was "1LT/P" which indicates he had been previously selected for promotion to CPT/O-3 and was in a promotable status.

3.  Installation Management Command, Headquarters, U.S. Army Garrison, Fort Carson, Fort Carson, Colorado, Orders 111-0002, dated 21 April 2009, show the applicant was reassigned to the U.S. Army Transition Point for transition processing with a report date and discharge date of 6 June 2009.  These orders also show the applicant's grade at the time of their publishing was 1LT/O-2.

4.  On 20 May 2009, the U.S. Army Human Resources Command, Alexandria, VA, published Orders 140-055 announcing the applicant's promotion to CPT/O-3 with an effective date and date of rank of 1 June 2009.

5.  On 6 June 2009, the applicant was honorably discharged from the Regular Army and transferred to the U.S. Army Reserve Control Group (Individual Ready Reserve (IRR)).  The DD Form 214 he was issued shows the following entries:

	a.  item 4a (Grade, Rate, or Rank), "1LT";

	b.  item 4b (Pay Grade), "O02"; and

	c.  item 12h (Effective Date of Pay Grade), "2007  11  04."

6.  A review of the Total Army Personnel Database maintained by the U.S. Army Human Resources Command shows the applicant currently holds the rank/grade of CPT/O-3 in the IRR.  This database also shows his date of rank as "2009/06/01" [1 June 2009].

7.  Paragraph 1-18 (Accepting Promotion) of Army Regulation 600-8-29 (Officer Promotions) shows that an officer who accepts promotion to CPT/O-3 does not incur an additional active duty service obligation and there is no minimum period of service required in order to retire or separate in the newly promoted rank/grade.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214 and states, in pertinent part, that items 4a and 4b show the active duty grade or rank and pay grade at time of separation and are obtained from the Officer Record Brief.  Additionally, item 12h, obtained from the most recent promotion order or reduction instrument, shows the effective date of promotion to the current pay grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his rank/grade as CPT/O-3 was carefully considered and determined to have merit.

2.  The evidence of record shows that the applicant was promoted to CPT/O-3 on 1 June 2009 and held this rank/grade at the time of his discharge on 6 June 2009.  Therefore, he is entitled to correction of his DD Form 214 to show the correct rank/grade as that of CPT/O-3 and the correct effective date of pay grade as that of 1 June 2009.

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 deleting the entries "1LT," "O02," and "2007  11  04" from items 4a, 4b, and 12h of his DD Form 214 and adding the entries "CPT," "O-3," and "2009  06  01", respectively.



      ____________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)                                         AR20090013773



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ABCMR Record of Proceedings (cont)                                         AR20090013773



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