RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 July 2006
DOCKET NUMBER: AR20050016961
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 |
| |Mr. G. E. Vandenberg | |Analyst |
The following members, a quorum, were present:
| |Mr. John T. Meixell | |Chairperson |
| |Mr. Jeffrey C. Redmann | |Member |
| |Mr. Edward E. Montgomery | |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 that his records be corrected to show he was
discharged in the rank of staff sergeant (SSG)/E-6.
2. The applicant states orders he received in February 2005 indicate he
was promoted to pay grade E-6 with an effective date of rank of 26 November
2004.
3. The applicant provides copies of his 29 December 2004 DD Form 214
(Certificate of Release or Discharge from Active Duty); and Headquarters,
90th Regional Readiness Command Orders 05-040-00048, dated 9 February 2005.
CONSIDERATION OF EVIDENCE:
1. The records show the applicant enlisted in the United States Army
Reserve (USAR) 15 November 2000, completed active duty for training, and
returned to the USAR.
2. On 7 December 2003 the applicant was mobilized in support of Operation
Iraqi Freedom.
3. He completed his obligated period of active duty and was released back
to his USAR unit on 29 December 2004.
4. The DD Form 214 issued at that time shows in Item 4a (Grade, Rate, or
Rank) SGT [sergeant]; Item 4b (Pay Grade) shows E5; and Item 12h (Effective
Date of Pay Grade) shows an effective date of 16 December 2002.
5. Headquarters, 90th Regional Readiness Command Orders 05-040-00048,
dated 9 February 2005, promoted the applicant to SSG, with an effective
date of promotion and date of rank of 26 November 2004.
DISCUSSION AND CONCLUSIONS:
1. Since the orders promoting the applicant to staff sergeant had not been
promulgated as of the date of his release from active duty, his DD Form 214
was prepared showing his rank and grade as SGT/E5.
2. However, the promotion orders directed that he be shown to have been
promoted with both the effective date of promotion and date of rank of
26 November 2004.
3. Therefore, it is appropriate to correct the DD Form 214 at item 4a to
show his rank as SSG; Item 4b to show E6; and Item 12h as 26 November 2004.
4. The applicant's records should be referred to the Defense Finance and
Accounting Service to audit the applicant's pay records and afford him any
pay and allowances due based on the adjusted date of rank and pay grade.
BOARD VOTE:
__EEM__ ___JCR _ __JTM __ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 that the applicant was promoted to staff sergeant
(SSG)/E-6 with an effective date of promotion of 26 November 2004.
2. The Board further determined that the applicant's file should be
referred to the Defense Finance and Accounting Service to audit his pay
records and afford him any pay and allowances due based on the adjusted
date of rank and pay grade.
_ John T. Meixell______
CHAIRPERSON
INDEX
|CASE ID |AR20050016961 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060727 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |129 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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