RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 August 2006
      DOCKET NUMBER:  AR20050017585


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Ronald D. Gant                |     |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, in effect, that his discharge document be
corrected to show his correct rank at the time of his separation from
active duty.

2.  The applicant states, in effect, that during his transition processing
he had not yet received orders confirming his promotion to the grade of
rank of sergeant (SGT)/E-5.  Consequently, his discharge document shows his
grade of rank as specialist (SPC)/E-4.  He adds that his actual rank should
be shown as SGT/E-5.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), with effective date of 15 July
2005; Headquarters, 101st Airborne Division (Air Assault) and Fort
Campbell, Fort Campbell, Kentucky, Orders 321-678b, dated 18 November 2004;
DA Form 4980-14
(The Army Commendation Medal) Certificate, undated; and DA Form 2166-8 (NCO
Evaluation Report), for the period December 2004 through June 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he enlisted in the
U.S. Army Reserve (USAR) on 6 March 2001 for a period of 8 years and then
entered the Regular Army for a period of 4 years on 16 July 2001.  Upon
completion of basic combat training and advanced individual training, the
applicant was awarded military occupational specialty (MOS) 11B
(Infantryman).  The applicant's military service records show that he
served in Kuwait and Iraq from 10 January 2003 to 24 January 2004.  He was
honorably released from the Regular Army on 15 July 2005 after serving on
active duty for a total of 4 years.

2.  The applicant's military service records contain a copy of a DD Form
2648 (Preseparation Counseling Checklist), dated 18 January 2005.  In
pertinent part, this document shows the applicant's grade as E-5 and also
contains the signature of the Transition Counselor.

3.  The applicant's military service records contain a copy of a DA Form
2166-8 covering the period December 2004 through May 2005.  Part I
(Administrative Data), block c (Rank) contains the entry "SGT", and block d
(Date of Rank) contains the entry "041201 (i.e., 1 December 2004).  Part IV
(Rater), block d (Leadership) contains, in pertinent part, a bullet comment
that begins with the words "competitive NCO" (i.e., noncommissioned
officer).

4.  The applicant's military service records contain a copy of a DD Form
214, with an effective date of 15 July 2005.  This document shows, in
pertinent part, in Item 4a (Grade, Rate, or Rank) the entry "SPC"; in Item
4b (Pay Grade) the entry "E4"; in Item 12 (Record of Service), block h
(Effective Date of Pay Grade) the entry "2003 02 01" (i.e., 1 February
2003); and in Item 21 (Signature of Member Being Separated) the entry
"Soldier Not Available To Sign."

5.  In support of his application, the applicant provides a copy of his
discharge document, promotion orders, Army Commendation Medal Certificate,
and NCO Evaluation Report.  The promotion orders show, in pertinent part,
that the applicant was promoted from specialist (E-4) to sergeant (E-5),
effective and with a date of rank of 1 December 2004.  The Army
Commendation Medal Certificate shows, in pertinent part, that the award was
presented to the applicant for exceptional service during the period 1
April 2002 to 1 June 2005.  This document also shows that, at that time
(i.e., 1 June 2005), the applicant's grade of rank was sergeant.  The NCO
Evaluation Report for the period December 2004 through June 2005 shows, in
pertinent part, that it contains the signatures of the applicant, rater,
senior rater, and reviewer; however, the dates relating to these signatures
are not entered on the document.

6.  Army Regulation 600-20 (Army Command Policy) prescribes the policies
and responsibilities of command, which include, the well-being of the
force, military discipline and conduct, the Army Equal Opportunity Program,
and the Army Sexual Assault Victim Program.  This Army regulation also
explains military grade and rank and, in pertinent part, shows that an
individual who holds the grade of rank of sergeant/E-5 is a noncommissioned
officer (NCO), whereas an individual who holds the grade of rank of
specialist/E-4 is not a NCO.

7.  Army Regulation 635-5 (Personnel Separation - Separation Documents)
prescribes the separation documents that must be prepared for Soldiers on
retirement, discharge, release from active duty service, or control of the
Active Army.  It also establishes standardized policy for preparing and
distributing the DD Form 214.  In pertinent part, the instructions for
completing Item 4 state to enter the active duty grade or rank and pay
grade at the time of separation.  The instructions for Item 12 indicate the
use of extreme care in completing this block since post-service benefits,
final pay, retirement credit, and so forth are based on this information.
The instructions for block h (Effective Date of Pay Grade) state that from
the most recent promotion order (or reduction instrument), enter the
effective date of promotion to the current pay grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be
corrected to show his grade of rank as SGT/E-5 because he was promoted from
SPC/E-4 to SGT/E-5 prior to the date he was released from active duty.

2.  The evidence of records shows that the applicant was promoted to the
grade of rank of SGT/E-5, effective and with a date of rank of 1 December
2004.  In addition, the Army Commendation Medal award certificate and DA
Form 2166-8 on file in the applicant's Official Military Personnel File
(OMPF), both of which were created and dated subsequent to 1 December 2004,
show the applicant's rank as SGT/E-5.

3.  The DA Form 2166-8, covering the period December 2004 through June
2005, that was provided by the applicant is not included in his OMPF.
However, a completed DA Form 2166-8 covering the period December 2004
through May 2005 is filed in his OMPF.  The DA Form 2166-8 in his OMPF is
identical to the one the applicant provides with respect to the personal
data and information, rating officials, their ratings and bullet comments.
However, the DA Form 2166-8 in the applicant's OMPF differs in that it
contains dates next to the applicant's and rating officials' signatures
(i.e., 16 May 2005), entries in Part I made by the supporting military
personnel official, the through date of the DA Form 2166-8 is May 2005
(vice June 2005), and the number of rated months is 6 (vice 7).
Notwithstanding these differences, the DA Form 2166-8 on file in the
applicant's OMPF shows, in pertinent part, his rank as SGT and a date of
rank of
1 December 2004.  Moreover, the change in the "Thru" date of the DA Form
2166-8 (i.e., from June 2006 to May 2006) tends to indicate that the
applicant and/or his rater departed earlier than originally anticipated.

4.  The evidence of record shows that at the time the applicant's DD Form
214 was issued he was not available to sign the document.  This situation
increased the potential for administrative error being made on the document
and tends to support the applicant's contention that his promotion orders
were not available for use as a source document at the time his discharge
document was prepared.

5.  The evidence of records shows that the grade of rank (i.e., SPC) and
pay grade (i.e., E-4) shown on the applicant's DD Form 214 are predicated
on his promotion to that grade of rank, which occurred on 1 February 2003
(see Item 12h, Effective Date of Pay Grade).  The evidence of record shows
that the applicant was promoted to the grade of rank of SGT/E-5, effective
and with a date of rank of 1 December 2004.  Consequently, it is clear that
the grade of rank, pay grade, and effective date of pay grade shown on the
applicant's
DD Form 214 are not based on a reduction in rank (i.e., to SPC/E-4) that
may have been imposed against the applicant subsequent to his promotion to
SGT/E-5 on 1 December 2004.  Therefore, in view of all of the foregoing,
the applicant's DD Form 214, issued at the time of his separation from
active duty, should be corrected to show his grade of rank was SGT, pay
grade E-5, with an effective date of pay grade of 1 December 2004.

BOARD VOTE:

___PMS_  __LMD __  __RDG__  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
correcting his DD Form 214 (with an effective date of 15 July 2005), as
follows:

      a.  Item 4a.  Grade, Rate, or Rank
                 Delete:  "SPC"
                 Add:     "SGT"

      b.  Item 4b.     Pay Grade
                 Delete:  "E4"
                 Add:     "E5"

      c.  Item 12h.    Effective Date of Pay Grade
                 Delete:  "2003  02  01"
                 Add:     "2004  12  01"




                                           _Paul M. Smith___
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050017585                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/08/29                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20050715                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Completion of Required Active Service   |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0000.0000                           |
|2.                      |129.0500.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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