IN THE CASE OF: BOARD DATE: 30 May 2013 DOCKET NUMBER: AR20120020899 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 pay grade on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states that while on a mobilized tour Colonel (COL) J____ C____, the troop commander, informed him that he was being reduced from E-5 to E-4. COL C____ never submitted that paperwork for the demotion. Upon clearing active duty 4 months later to return to his reserve status, the military finance office took it upon themselves to submit the DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) they obtained from the company commander. COL C____ released him from active duty (REFRAD) as an E-5 according to his DD Form 214. His REFRAD orders, dated 12 October 2012, as well as an award signed by COL C____, show his rank as sergeant (SGT). All of his military records continue to show his rank/grade as SGT/E-5, except for his military pay. 3. The applicant provides copies of his: * Army Achievement Medal Certificate * REFRAD orders * DD Form 214 CONSIDERATION OF EVIDENCE: 1. The applicant is a specialist (SPC) in the U.S. Army Reserve (USAR). 2. On 15 September 2010, the applicant was ordered to active duty for operational support and to report to Tripler Army Medical Center (TAMC), Hawaii, for a period of 365 days. 3. On 19 June 2012, the applicant, then a SGT, accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ for violation of Article 92 (wrongfully engaging in a prohibited relationship with another Soldier), and Article 93 (maltreating another Soldier, subject to his orders). The NJP further shows: a. he did not demand trial by court-martial; b. he requested a closed hearing and to have someone speak on his behalf; and c. he indicated that matters in defense, extenuation, and/or mitigation would be presented. 4. On 19 June 2011, the imposing commander found the applicant guilty of the charges and directed the DA Form 2627 be filed in the restricted section of his Army Military Human Resource Record (AMHRR). The punishment was: Reduction to specialist/E-4. He did not appeal. 5. The NJP, with related documents, is filed in the restricted section of the applicant's AMHRR. 6. In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Management Division, Office of the Deputy Chief of Staff, G-1, Headquarters U.S. Army Reserve Command. The advisory official indicated the applicant's rank is SPC/E-4, based on: a. While on Active Duty for Operational Support (ADOS), the applicant was attached for UCMJ to TAMC. As a result of his misconduct, the Commander, TAMC, imposed punishment under Article 15. The punishment included reduction to SPC/E-4 and filing of the NJP in the restricted section of his AMHRR. b. The proceedings are valid, the reduction has been processed in the applicant's finance and personnel records, and the DA Form 2627 has been filed in the restricted section of the applicant's Interactive Personnel Electronic Record Management System (iPERMS) file. c. As an active duty installation, TAMC does not maintain access to Army Reserve personnel and finance files. As a result, some data may be lost or inaccurately reported upon a Soldier's REFRAD. Occasionally a DD Form 214 and REFRAD orders are not processed appropriately and must be amended. When the applicant's ADOS tour was complete, the DD Form 214, REFRAD orders, and an award order did not accurately reflect the reduction. However, this does not negate the legal actions taken. d. Army Reserve G-1 has taken the following corrective actions: the REFRAD orders have been amended, and a DD Form 215 (Correction to DD Form 214) has corrected the original DD form 214 to reflect the correct pay grade. These documents have been forwarded to the applicant's iPERMS file. Additionally, an amendment to the award order has been requested and will be filed in the applicant's iPERMS record as well. DISCUSSION AND CONCLUSIONS: 1. The evidence shows the applicant accepted NJP and the punishment was reduction to SPC E-4. He did not appeal. 2. The applicant was originally issued a DD Form 214, REFRAD orders, and an Army Achievement Medal showing his grade as SGT. 3. As stated in the advisory opinion, TAMC is an active duty installation, and does not maintain access to Army Reserve personnel and finance files. As a result, some data may be lost or inaccurately reported upon a Soldier's REFRAD. Occasionally a DD Form 214 and REFRAD orders are not processed appropriately and must be amended. When the applicant's ADOS tour was complete, the DD Form 214, REFRAD orders, and an award order did not accurately reflect the reduction. However, this does not negate the legal actions taken. 4. Army Reserve G-1 has taken the following corrective actions: the REFRAD orders have been amended, and a DD Form 215 has corrected the original DD Form 214 to reflect the correct pay grade. These documents have been forwarded to the applicant's iPERMS file. Additionally, an amendment to the award order has been requested and will be filed in the applicant's iPERMS record as well. 5. In view of the above, the applicant's request should be denied. 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) AR20120008325 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120020899 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1