Search Decisions

Decision Text

ARMY | BCMR | CY2005 | 20050017163C070206
Original file (20050017163C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2006
      DOCKET NUMBER:  AR20050017163


      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. James Vick                    |     |Chairperson          |
|     |Ms. Barbara Ellis                 |     |Member               |
|     |Mr. Donald Lewy                   |     |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 DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show his rank as sergeant (SGT),
E-5.

2.  The applicant states that his pay grade should be changed from E-4 to E-
5 on his DD Form 214.

3.  The applicant provides his DD Form 214 and orders promoting him to SGT.

CONSIDERATION OF EVIDENCE:

1.  The applicant has served in Operation Iraqi Freedom.

2.  The applicant enlisted in the U.S. Army Reserve (USAR) on 20 April 1991

in pay grade E-3.  He was ordered to active duty for training (ADT) on
27 September 1991.  Upon completion of ADT, he was awarded military
occupational specialty 63B (Light Wheeled Vehicle Mechanic).  He was
released from ADT on 27 March 1992.

3.  The applicant was promoted to specialist (SPC), E-4 on 20 January 1993.
 He completed training in MOS 88M (Motor Transport Operator) in 1994.

4.  The applicant reenlisted in the USAR on 19 April 2000 in pay grade E-4.

5.  He was ordered to active duty on 3 January 2004 in support of Operation
Iraqi Freedom.

6.  Headquarters, 94th Regional Readiness Command Orders 04-174-00012 dated
22 June 2004 promoted the applicant to SGT effective 22 June 2004 with a
date of rank of 22 June 2004.

7.  The applicant’s DA Form 2166-8 (Noncommissioned Officer Evaluation
Report) for the period 2004 through February 2005 shows his rank as SGT.

8.  The applicant was honorably released from active duty on 29 March 2005.

9.  Item 4a (Grade, Rate, or Rank) on his DD Form 214 shows his rank as
“SPC” and item 4b (Pay Grade) shows his pay grade as “E4.”  His date of
rank is shown as 19 January 1993.

10.  The applicant’s pay records at the Defense Finance and Accounting
Service (DFAS) shows his pay grade as E-5.
DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was promoted to SGT, E-5 on 22 June 2004 and
his pay records at DFAS reflect his pay grade as E-5.  There is no evidence
of record which shows he was reduced to SPC, E-4 prior to his release from
active duty on 29 March 2005.  However, his DD Form 214 for the period
ending 29 March 2005 shows he was released from active duty in the rank of
SPC, E-4 with a date of rank of 19 January 1993.

2.  It appears that an administrative error has occurred in this case and
it would be appropriate to amend items 4a and 4b on the applicant’s DD Form
214 for the period ending 29 March 2005 to show “SGT” and “E-5,”
respectively.  In addition, it would be appropriate to amend item 12h
(Effective Date of Pay Grade) to show his date of rank as 22 June 2004.

BOARD VOTE:

JV______  BE______  DL______  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 the DD
Form 214 for the period ending 29 March 2005 of the individual concerned be
corrected by:

      a.  amending item 4a to show the entry “SGT”;

      b.  amending item 4b to show the entry “E5”; and

      c.  amending item 12h to show the entry “22 June 2004.”




                                  James Vick____________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050017163                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060719                                |
|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.       |129.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2013 | 20130013028

    Original file (20130013028.txt) Auto-classification: Approved

    BOARD DATE: 18 March 2014 DOCKET NUMBER: AR20130013028 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states his DD Form 214 lists his last rank as E4; however, he was retired in the rank of E5. Therefore, items 4a, 4b, and 12h of his 2005 DD Form 214 should be corrected to show his rank and grade as SGT/E5 and effective date of 27 May 2005.

  • ARMY | BCMR | CY2006 | 20060004456C070205

    Original file (20060004456C070205.doc) Auto-classification: Approved

    Roland Venable | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as sergeant (SGT), E-5 with a date of rank (DOR) of 9 January 2004. His DD Form 214 for the period ending 3 February 2005 does not show the Army Good Conduct Medal as an authorized award.

  • ARMY | BCMR | CY2011 | 20110006597

    Original file (20110006597.txt) Auto-classification: Approved

    Soldiers being medically separated from the military are promoted on their last day in the military. Chapter 2 contains guidance on the preparation of the DD Form 214 and states that items 4a and 4b show the active duty grade or rank and pay grade at time of separation and are obtained from the Soldier's records (promotion or reduction orders). Title 10, U.S. Code, section 1212 states upon separation from his armed force under section 1203 or 1206 of this title, a member is entitled to...

  • ARMY | BCMR | CY2014 | 20140006840

    Original file (20140006840.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of items 4a (Grade, Rate or Rank), 4b (Pay Grade), and 12h (Effective Date of Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 November 2005. The applicant provides: * three DA Forms 4187 (Personnel Action) * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * DD...

  • ARMY | BCMR | CY2008 | 20080002798

    Original file (20080002798.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 15 May 2008 DOCKET NUMBER: AR20080002798 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Headquarters, 1st Infantry Division and Fort Riley Orders 228-0002, dated 16 August 2007, show the applicant was placed on the retired list on 1 September 2007. Land Component, Joint Headquarters Kansas Orders 311-728, dated 7 November 2007, show that the applicant was promoted to the rank and grade of SGT/E-5 effective 30 August 2007.

  • ARMY | BCMR | CY2009 | 20090007356

    Original file (20090007356.txt) Auto-classification: Approved

    BOARD DATE: 9 September 2009 DOCKET NUMBER: AR20090007356 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he held the rank and grade of sergeant/E5 (SGT) and that he earned the Army Commendation Medal with 1st Oak Leaf Cluster (ARCOM with OLC). The evidence of record confirms that the applicant was promoted to rank of SGT on 1 April 2009, and that this is the...

  • ARMY | BCMR | CY2003 | 2003085437C070212

    Original file (2003085437C070212.rtf) Auto-classification: Approved

    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. The applicant’s military records show that on 9 October 2001, she was ordered to active duty in support of Operation Enduring Freedom. The DD Form 214 issued to and signed by the applicant on the date of her REFRAD contains the entry “SPC” in Item 4a (Grade, Rate, Or Rank) and the entry “E4” in Item 4b (Pay...

  • ARMY | BCMR | CY2012 | 20120012844

    Original file (20120012844.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 May 2004 to show his rank and pay grade as specialist (SPC)/E-4. His DD Form 214 for the period ending 2 August 2002 shows in: * item 4a (Grade, Rate, or Rank) – the entry "PFC" * item 4b (Pay Grade) – the entry "E3" * Item 12h (Effective Date of Pay Grade)...

  • ARMY | BCMR | CY2010 | 20100017569

    Original file (20100017569.txt) Auto-classification: Approved

    The applicant provides: * DD Form 214 and DD Form 215 (Correction to DD Form 214) * memorandum requesting issuance of a DD Form 215 to correct his separation date * leave and earnings statement (LES) * DA Form 4187 (Personnel Action) for advancement to SPC/E-4 * Permanent Orders 035-434 for award of the Combat Action Badge * DA Form 4187 (Personnel Action) for recommendation for award of the Combat Action Badge CONSIDERATION OF EVIDENCE: 1. Some evidence of record shows he was released from...

  • ARMY | BCMR | CY2009 | 20090007674

    Original file (20090007674.txt) Auto-classification: Approved

    The applicant requests that items 4a (Grade, Rate or Rank) and 4b (Pay Grade) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show sergeant/E-5; that item 11 (Primary Specialty) be corrected to show military occupational specialty (MOS) 19D2O; and that item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) be corrected to show the Purple Heart, the Army Commendation Medal with "V" Device with First Oak Leaf...