IN THE CASE OF:	 

		BOARD DATE:	  02 March 2010

		DOCKET NUMBER:  AR20090016365 


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 he be laterally appointed to corporal.

2.  The applicant states his last position was as a unit armorer and team leader which was a noncommissioned officer (NCO) position and as such believes his records should be corrected to show he was a corporal vice a specialist.  He states he realizes there would be no change in pay, but he would like the correction for his own personal accomplishment.

3.  The applicant provides no additional evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant enlisted in the Regular Army in pay grade E-2 on 21 July 2005.  He was promoted to the rank of specialist/pay grade E-4 on 21 July 2007 and held military occupational specialty (MOS) 11B (infantryman) throughout the duration of his military service.

2.  On 27 April 2008 the applicant was retired and placed on the Temporary Disability Retired List as a result of issues related to his deployment to Iraq between November 2005 and June 2006.  Item 4a (Grade, Rate, or Rank) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates he was serving in the rank of specialist at the time of his discharge.

3.  Army Regulation 614-200 (Enlisted Assignments and Utilization Management) states that commanders in the grade of lieutenant colonel/O-5 and above may authorize the lateral appointment of a specialist to corporal without a local selection board provided the Soldier concerned is assigned to an authorized (documented) NCO position in his or her career-progression MOS.  The lateral appointment will be announced by either a DA Form 4187 (Personnel Action) or informal memorandum.

4.  Army Regulation 611-21 (Military Occupational Classification and Structure), which contains the standards of grade (provisions for determining the grades that can be authorized for positions classified in an MOS), does not indicate any positions in MOS 11B which are authorized the rank of corporal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s desire to be classified as a corporal vice specialist is understandable.  However, the standards of grade for MOS 11B does not identify any positions which authorized an individual in the grade of E-4 to be designated as a corporal.

2.  Additionally, in order to be laterally appointed an individual would have needed to be so appointed by either a DA Form 4187 or an informal memorandum authorized by a commander in the grade of lieutenant colonel/O-5 or above.  The applicant’s file contains no such appointment.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  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 that 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.

ABCMR Record of Proceedings (cont)                                         AR20090016365



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090016365



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1