RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 September 2006
DOCKET NUMBER: AR20060001683
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. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Ms. Linda Simmons | |Chairperson |
| |Mr. Paul Smith | |Member |
| |Ms. Alice Muellerweiss | |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 her rank and discharge date be corrected on
her DD Form 256A (Honorable Discharge Certificate).
2. The applicant states that she was promoted to pay grade E-5 on 1 June
2003 but her discharge shows her rank as specialist. She also contends
that her correct expiration term of service (ETS) was 26 January 2005.
3. The applicant provides promotion orders and a DD Form 256A, dated
8 February 2005.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 27 January
1997 for a period of 8 years. She enlisted in the Regular Army on 14
February 1997 for a period of 5 years. On 13 February 2002, she was
released from active duty in the rank of specialist to complete her
remaining service obligation in the USAR.
2. The applicant provided promotion orders, dated 1 June 2003, which show
she was promoted to sergeant in the USAR. These orders also state that the
promotion is not valid and that these orders will be revoked if she is not
in a promotable status on the effective date of promotion. In addition,
these orders state that this promotion is awarded with the condition the
applicant must successfully complete the Noncommissioned Officer Education
System Course required for the grade to which promoted.
3. Discharge orders, dated 8 February 2005, show the applicant was
honorably discharged from the USAR in the rank of specialist.
4. The applicant’s DD Form 256A shows her rank as specialist and her
discharge date as 8 February 2005.
5. Army Regulation 135-178 establishes policies governing the
administrative separation of enlisted Soldiers from the Army National Guard
of the United States and the USAR. In pertinent part it states that upon
ETS, the Soldier will be discharged by the separation authority. It also
states that when through administrative error a Soldier is not discharged
on the actual date of his or her ETS, he or she will be considered to have
been retained beyond normal discharge date for the convenience of the
Government.
6. Paragraph 8-2e of Army Regulation 140-158 (Enlisted Personnel
Classification, Promotion, and Reduction) states that a Soldier must be a
Primary Leadership Development Course or Primary Noncommissioned Officer
Course graduate to be eligible for promotion to sergeant.
DISCUSSION AND CONCLUSIONS:
1. Although the orders provided by the applicant show she was promoted to
sergeant in the USAR on 1 June 2003, her discharge orders show she was
separated in the rank of specialist. It appears she did not meet the
specific conditions for promotion to sergeant.
2. There is no evidence of record which shows the applicant was discharged
on 25 January 2005. Therefore, there is no basis for granting the
applicant’s request to amend her DD Form 256A.
2. The applicant’s expiration term of service came up and by regulation
she was required to be discharged; however, since she was not discharged
until
8 February 2005, she was considered to have been retained for the
convenience of the Government.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
LS_____ __PS____ _AM_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented does not demonstrate the
existence of a probable error or injustice. Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.
___Linda Simmons______
CHAIRPERSON
INDEX
|CASE ID |AR20060001683 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060928 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.0000 |
|2. |100.0200 |
|3. | |
|4. | |
|5. | |
|6. | |
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