RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 16 August 2005
DOCKET NUMBER: AR20040011249
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Beverly A. Young | |Analyst |
The following members, a quorum, were present:
| |Mr. Melvin Meyer | |Chairperson |
| |Mr. John Meixell | |Member |
| |Mr. James Gunlicks | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his records to show he was
promoted from private first class (PFC)/E-3 to specialist (SPC)/E-4
effective 1 April 2004. He also requests that he be awarded all back pay
and allowances to which he is entitled.
2. The applicant states that the DA Form 4187 (Personnel Action) was
inadvertently placed in his information file and was never forwarded
through the proper channels for annotation to his records.
3. The applicant provides a Memorandum for Record and a DA Form 4187.
CONSIDERATION OF EVIDENCE:
1. The applicant’s complete military records are not available to the
Board. However, there were sufficient documents remaining in a
reconstructed record for the Board to conduct a fair and impartial review
of this case.
2. The applicant enlisted in the Army National Guard on an unknown date.
He was ordered to active duty on 23 August 2001.
3. A Personnel Action dated 1 April 2004 shows the applicant was advanced
to SPC with an effective date and date of rank of 1 April 2004. The
appropriate authority approved the promotion action.
4. The applicant provided a Memorandum for Record dated 6 October 2004
from a National Guard Liaison at the Walter Reed Army Medical Center,
Washington, D.C. which states he was promoted to SPC/E-4 effective 1 April
2004.
5. Headquarters, U.S. Army Garrison, Fort Meade, Maryland Orders 261-0002
discharged the applicant from active duty on 17 September 2004 in the rank
of PFC.
6. Item 4a (Grade, Rate, or Rank) on his DD Form 214 shows his rank as
PFC.
7. Item 4b (Pay Grade) on his DD Form 214 shows his pay grade as E-3. His
effective date of pay grade to PFC/E-3 is shown as 18 April 2003 on his
DD Form 214.
8. Information obtained from the Defense Finance and Accounting Service on
11 August 2005 revealed that his pay grade was E-3 at the time of his
discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 shows he was promoted to PFC/E-3 with an
effective date of 18 April 2003.
2. A Personnel Action dated 1 April 2004 shows the applicant was advanced
to SPC effective 1 April 2004. However, his DD Form 214 reflects he was
discharged from active duty on 17 September 2004 in the rank of PFC/E-3.
3. It appears that an injustice has occurred in this case. Therefore, it
would be appropriate to correct the applicant's records to show he was
promoted to SPC/E-4 with an effective date and date of rank of 1 April
2004. The applicant's finance records should also be corrected to show his
effective date of promotion to SPC/E-4 as 1 April 2004 and he should be
paid any and all due back pay and allowances.
BOARD VOTE:
MM______ JM______ JG______ 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
showing he was promoted to SPC/E-4 with a date of rank and effective date
of 1 April 2004 and by paying him all due back pay and allowances.
Melvin Meyer__________
CHAIRPERSON
INDEX
|CASE ID |AR20040011249 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050816 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |131.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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