IN THE CASE OF:	  

		BOARD DATE:	  15 January 2013

		DOCKET NUMBER:  AR20120010987 


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 item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect the rank and pay grade of sergeant (SGT)/E-5.  

2.  He states his DD Form 214 was finalized and he cleared his unit prior to receiving his promotion to E-5.

3.  He provides his DD Form 214, promotion orders, and Defense Finance and Accounting Service Military Leave and Earnings Statement (LES).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 21 February 2008.  He served 4 years and 3 months on active duty and was honorably released from active duty on 20 May 2012.

2.  His DD Form 214 lists his rank and pay grade in items 4a and 4b as corporal (CPL) and E-4, respectively.  The effective date of pay grade in item 12i is listed as 21 February 2010.

3.  Orders 089-001, issued by the 159th Combat Aviation Brigade, 101st Airborne Division (Air Assault), Fort Campbell, KY, dated 29 March 2012, promoted the applicant to SGT effective and with a date of rank of 1 April 2012.

4.  His record is void of any derogatory evidence or any documents that show he was demoted.  

5.  He provided his LES for the period 1 to 31 May 2012 that shows his grade as E-5.

6.  The Total Army Personnel Database - Reserve (TAPDB-R) lists his grade as SGT.  His date of rank is listed as 1 April 2012.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation stipulates that the rank and pay grade held on the date of separation will be entered in items 4a and 4b. 

DISCUSSION AND CONCLUSIONS:

The information obtained from the TAPDB-R and his LES confirm that the applicant was promoted to SGT/E-5 on 1 April 2012.  This is the rank and pay grade he held on the date of his separation and his DD Form 214 should be corrected accordingly. 

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 amending his DD Form 214 as follows:

	a.  Item 4a - delete the current entry and replace it with "SGT";

	
   b.  Item 4b - delete the current entry and replace it with "E-5"; and

	c.  Item 12i - delete the current entry and replace it with "2012  04  01."



      _______ _   ___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)                                         AR20120010987





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ABCMR Record of Proceedings (cont)                                         AR20120010987



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