IN THE CASE OF:	  

		BOARD DATE:	  20 December 2012

		DOCKET NUMBER:  AR20120010402 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her rank/grade is private first class (PFC)/E-3.

2.  She states the rank/grade of private (PV2)/E-2 as shown on her DD Form 214 is in error.  She was a PFC/E-3 upon her discharge.

3.  She provides her DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 31 March 2010 as a private (PV1)/E-1.  She completed basic training at Fort Sill, OK and she was reassigned to Fort Gordon, GA to attend advanced individual training for military occupational specialty 25F (network switching systems operator - maintainer).

2.  Her Enlisted Record Brief (ERB), dated 7 April 2011, shows she was promoted to:

* PV2/E-2 on 30 September 2010
* PFC/E-3 on 31 March 2011

3.  On 10 June 2011, a Physical Evaluation Board (PEB) found she was medically and physically impaired that prevented the reasonable performance of 


her duties.  The PEB recommended the applicant be retired by reason of permanent disability.  The DA Form 199 (PEB Proceedings) documenting the PEB proceedings shows her rank as "PFC."

4.  On 29 June 2011, she concurred with the PEB findings and recommendation and waived a formal hearing of her case.

5.  Orders 194-0904, issued by Headquarters, U.S. Army Signal Center of Excellence, Fort Gordon, dated 13 July 2011, released the applicant from assignment and duty because of physical disability with an effective date of retirement of 26 August 2011 and placement on the Retired List on 27 august 2011.  The applicant's standard name line on the orders show her rank as "PV2."  The orders also show her retired grade of rank as "PV2."

6.  On 26 August 2011, she was retired accordingly.  The DD Form 214 she was issued at the time shows in:

* item 4a (Grade, Rate or Rank) – "PV2"
* item 4b (Pay Grade) – "E-2"
* item 12i (Effective Date of Pay Grade) – "2011  04  15"
* item 18 (Remarks) – "Retired list grade PFC//Discharged from enlisted status in the retired grade PFC, and placed on retired list as indicated in retirement order"

7.  Her record in the Integrated Web Services – Integrated Total Army Personnel Database (IWS – ITAPDB) shows:

* her grade as "PV2"
* her date of rank (DOR) as "2011/04/15"
* her rank effective date as "2011/04/15"

8.  During the processing of his case the Defense Finance and Accounting Service (DFAS) confirmed the applicant was paid as an:

* E-2 from 30 September 2010 through 30 March 2011
* E-3 from 31 March through 14 April 2011
* E-2 from 15 April through 26 August 2011

9.  DFAS also confirmed the applicant is receiving retired pay as an E-2.

10.  The available records do not show the reason for her reduction to PV2/E-2 on 15 April 2011, nor do they show her rank/grade was restored to PFC/E-3.

DISCUSSION AND CONCLUSIONS:

1.  Records show she was promoted to PFC/E-3 effective 31 March 2011 and reduced to PV2/E-2 effective 15 April 2011.  There is no evidence showing her rank/grade was restored to PFC/E-3 after she was reduced.

2.  It is noted her DD Form 214 includes an entry indicating her retired list grade would be PFC/E-3.  It appears this entry is an error.  Her record contains no documentation supporting the entry.  Further, her pay record confirms she is receiving retired pay as a PV2/E-2 in accordance with her retirement orders.

3.  In the absence of evidence showing she held the rank/grade of PFC/E-3 when she was retired, there is an insufficient evidentiary basis for correcting her
DD Form 214 to show this rank/grade.

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)                                         AR20120010402



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ABCMR Record of Proceedings (cont)                                         AR20120010402



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