| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Walter T. Morrison | Chairperson | ||
| Ms. Linda D. Simmons | Member | ||
| Mr. Frank C. Jones, II | Member |
2. The applicant requests, in effect, that Item 4b (Pay Grade) of his separation document (DD Form 214), dated 30 June 1997, be corrected to read 0-3E, and that he be provided all back pay and allowances due as a result.
3. The applicant states, in effect, that Item 4b (Pay Grade) of his separation document is incorrect. He states that his pay grade should read 0-3E based upon his prior enlisted service. In support of his application, he submits copies of two DD Forms 214, dated 31 July 1989 and 17 April 1986 respectively, which document his prior enlisted active service.
4. The applicant’s military records show that on 30 June 1997, he was honorably released form active duty (REFRAD) for the purpose of retirement after completing 20 years and 24 days of active military service.
5. Item 4a (Grade, Rate, Or Rank) and Item 4b (Pay Grade) of the applicant’s separation document (DD Form 214), dated 30 June 1997, confirms that at that time he held the rank and pay grade of captain (CPT/0-3).
6. The DD Form 214 issued to the applicant on 17 April 1988 confirms that he entered active duty on 7 June 1977, and he continuously served in that status for 8 years, 10 months, and 11 days until being honorably separated, in the rank and pay grade of staff sergeant/E-6 (SSG/E-6), in order to accept a commission
7. In connection with the processing of this case, a member of the Board staff contacted Defense Finance Accounting Service (DFAS) officials, who confirmed that the applicant was receiving retired pay based on a pay grade of 0-3.
8. Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214 (Certificate of Release or Discharge from Active Duty), and Table 2-1 contains DD Form 214 preparation instructions. It states, in effect, that the active grade or rank and pay grade at the time of separation will be entered in Item 4 (a and b) of the DD Form 214.
9. Department of Defense Financial Regulation provides, in pertinent part, that effective May 20, 1958, commissioned officers in pay grades 0-1, 0-2, 0-3, who are credited with over 4 years of prior active service as an enlisted member are entitled to the special pay grade of 0-1E, 0-2E, or 0-3E.
CONCLUSIONS:
1. The Board notes the applicant’s contention that that Item 4b (Pay Grade) of his DD Form 214, dated 30 June 1997, should read 0-3E, and it finds this claim has merit.
2. The evidence of record confirms that the applicant served on active duty in an enlisted status for 8 years, 10 months, and 11 days. Therefore, the Board concludes that he is entitled to have the entry in Item 4b (Pay Grade) of his separation document, dated 30 June 1997, corrected to read 0-3E.
3. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case, particularly Item 4b (Pay Grade) of the DD Form 214 issued to the individual concerned on 30 June 1997, be corrected to show his pay grade as 0-3E, and by providing him any back pay allowances dues as a result.
BOARD VOTE:
__WTM__ __LDS _ __ FCJ__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
_ Walter T. Morrison ._
CHAIRPERSON
| CASE ID | AR2002079761 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/03/06 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2007 | 20070006145
He also requests that his Certificate of Release or Discharge from Active Duty (DD Form 214) also show the Army Achievement Medal. Orders Number 092-0006, dated 2 April 1997, shows that while the applicant was released from active duty as a Sergeant First Class, he was placed on the retired list as a Master Sergeant, effective 30 June 1997, (the same as his separation date on his DD Form 214), in accordance with Army Regulation 635-200. Therefore, it was recommended that the applicants DD...
ARMY | BCMR | CY2001 | 2001065640C070421
The applicant requests, in effect, that his military records be corrected to show the rank and pay grade of captain/0-3 (CPT/0-3). Table 2-1 ( DD Form 214 Preparation Instructions), in effect at the time, stated that active grade or rank and pay grade at the time of separation will be entered in item 4 (a and b) and the effective date of promotion to pay grade in item 12h. The evidence of record confirms that the applicant was promoted to CPT/0-3 on 1 May 2000, just prior to his REFRAD.
ARMY | BCMR | CY2008 | 20080017814
The applicant states, in effect, that the FSM was promoted to SPC; however, a correction to his DD Form 214 (DD Form 215) was never issued to reflect this promotion. No DD Form 215 was available in the applicants personnel record. The evidence of record confirms the FSM was promoted to SPC/E-4 on 1 December 1996, in accordance with Army Regulation 600-8-19, as evidenced by the DA Form 4187, dated 7 November 1996, USASTP Memorandum, dated 10 June 1997, and orders contained in the FSM record.
ARMY | BCMR | CY2001 | 2001057703C070420
In support of his application, he submits two personal statements, a letter to the Defense Finance and Accounting Service (DFAS), a DA Form 4187 (Personnel Action), dated 22 January 1994, a USARC Form 27-R (Pay Inquiry), dated 6 November 1994, a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of his Leave and Earnings Statement for the period 1-31 May 1993, a memorandum from the Fort Jackson Education Center, his automated Personnel Qualification...
ARMY | BCMR | CY2005 | 20050015259C070206
James Hastie | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that item 4-b (pay grade) on his January 1994 separation document be corrected to show 0-3E vice 03 and that his military identification card also be corrected to reflect that same pay grade. He states when he retired his separation document reflected a pay grade of 0-3 vice 0-3E and as a result his retired pay was based on the...
ARMY | BCMR | CY2002 | 2002078673C070215
The applicant states, in effect, that the computation of his active military service is in error and his separation document (DD Form 214) contains incorrect service dates in Item 18 (Record of Service), and should be corrected to show the accurate total of active military service and the total service for pay he completed as verified by his military records. The applicant provides a statement from an Asst AG, dated 7 January 1976, which indicates that the applicant continued to serve on...
ARMY | BCMR | CY2002 | 2002067979C070402
The applicant states, in effect, that the separation document issued to him upon his retirement does not account for all his active duty service. Accordingly, his record correctly records his Pay Entry Basic Date (PEBD) as 27 January 1960 and his Basic Active Service Date (BASD) as 22 May 1960. The DD Form 214 issued to the applicant on the date of his REFRAD for retirement indicates that he entered active duty on that particular period of service on 1 February 1967.
ARMY | BCMR | CY2010 | 20100015586
He also provides his April 2010 LES which shows his PEBD (Pay Entry Basic date) as 3 February 1976 (the date he initially enlisted in the USAR) and that he was receiving pay based on 34 years of total service. Section 010101 (service which is creditable) states for most members who enter and serve on active duty without a break in service, the basic pay date is the date the member enters active or inactive service. d. Section 010103A(2) (Creditable Prior Enlisted Service) states...
ARMY | BCMR | CY2005 | 20050002163C070206
By regulation, the rank and pay grade held on the date of separation from active duty will be entered in Item 4 of the DD Form 214. The evidence of record confirms the applicant held the rank and pay grade of MSG/E-8 on the date of his REFRAD for retirement. The evidence of record shows that at the time of his retirement, the applicant only had completed 22 years 10 months and 27 days of active military service.
ARMY | DRB | CY2005 | 20050011322
He claims he was advanced to the highest grade he held while on active duty, and he now requests the DD Form 214 be corrected. There was no reason to have a Retired List grade entry in Item 18; however, because it was entered, it would be appropriate to correct it to show he was being placed on the Retired List in the grade MAJ/0-4, as authorized by his retirement orders, as amended on 9 May 2005. As a result, the Board recommends that all Department of the Army records of the individual...