RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 August 2006
DOCKET NUMBER: AR20060000572
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. Jessie B. Strickland | |Analyst |
The following members, a quorum, were present:
| |Ms. Kathleen Newman | |Chairperson |
| |Mr. Conrad V. Meyer | |Member |
| |Ms. Yolanda Maldonado | |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 reflect that
his date of rank (DOR) is 1 July 2003.
2. The applicant states that his Enlisted Record Brief (ERB) incorrectly
shows that his DOR is 1 September 2003, when in fact it is 1 July 2003.
3. The applicant provides a copy of his ERB and promotion orders.
CONSIDERATION OF EVIDENCE:
1. He enlisted in the Montana Army National Guard (MTARNG) on 14 April
1997 and continued to serve until 17 January 2001, when he was honorably
discharged from the MTARNG for the purpose of enlistment in the Regular
Army.
2. He enlisted in the Regular Army on 18 January 2001 for a period of 3
years, training as an information systems operator, assignment to Europe
and a broken service selective reenlistment bonus.
3. He completed his training and was transferred to Germany. On 1 July
2003, he was promoted to the pay grade of sergeant (E-5). He remained in
Germany until 18 September 2004, when he was honorably released from active
duty (REFRAD) due to completion of required service. The applicant
enlisted in the MTARNG for a period of 1 year and was transferred to the
MTARNG on his REFRAD.
4. His report of separation (DD Form 214) issued at the time of his REFRAD
reflects in block 12h that his DOR was 1 September 2003. Additionally, his
ERB shows that his DOR is 1 September 2003.
5. In the processing of this case an advisory opinion was provided to the
Board by the Office of Reserve Component Promotions of the Human Resources
Command in St Louis, Missouri, which opines that the applicant’s ERB and DD
Form 214 need to be corrected to reflect the applicant’s correct DOR as 1
July 2003. The opinion was provided to the applicant who concurred with it
as written.
6. A review of the applicant’s Official Military Personnel File (OMPF)
fails to reveal any information to explain why the applicant’s DOR is
incorrectly reflected on his records.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s contention that his DOR is incorrectly reflected in his
records appears to have merit.
2. Inasmuch as there is no explanation in the available records or
evidence to suggest that his DOR was altered for a reason, it is reasonable
to presume that an administrative error resulted in the incorrect DOR being
entered on his ERB and DD Form 214.
3. Accordingly, it would be in the interest of justice to correct his
records at this time to show that his DOR for promotion to the pay grade of
E-5 is 1 July 2003.
BOARD VOTE:
__CVM__ ___YM___ __KAN _ 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 that his DOR (Effective Date of Pay Grade) for promotion to the pay
grade of E-5 is 1 July 2003 instead of 1 September 2003, as currently
reflected.
_____K. A. Newman___________
CHAIRPERSON
INDEX
|CASE ID |AR20060000572 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060801 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |(GRANT) |
|REVIEW AUTHORITY | |
|ISSUES |189/CORR 214 |
|1.110.0000 | |
|2.131.0500 |315/DOR |
|3. | |
|4. | |
|5. | |
|6. | |
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