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ARMY | BCMR | CY2006 | 20060002034C070205
Original file (20060002034C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20060002034


      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. William Powers                |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 her DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show her rank and pay grade as
specialist (SPC), E-4.

2.  The applicant states, in effect, that her DD Form 214 does not reflect
her rank of SPC, E-4 because she did not have the proper paperwork at the
time of her release from active duty.

3.  The applicant provides her Defense Finance and Accounting Service
(DFAS) Military Leave and Earnings Statement and a DA Form 4187 (Personnel
Action).

CONSIDERATION OF EVIDENCE:

1.  The applicant initially enlisted in the Regular Army on 14 June 1999 in
pay grade E-3.  She was honorably released from active duty on 18 December
2000 under the provisions of Army Regulation 635-200, paragraph 5-8 for
parenthood. On the following date, she was transferred to the U.S. Army
Reserve (USAR) Control Group (Annual Training) in the rank of private first
class (PFC).

2.  Department of the Army, U.S. Army Reserve Personnel Command Orders
Number C-12-232540, dated 18 December 2002, reassigned the applicant from
the USAR Control Group (Annual Training) to the 705th Transportation
Company in Dayton, Ohio effective 18 December 2002.

3.  The applicant was ordered to active duty on 24 January 2003 for service
in support of Operation Enduring Freedom.

4.  A Personnel Action, dated 1 February 2003, advanced the applicant to
SPC, E-4 with an effective date and date of rank of 1 March 2003.

5.  The applicant’s Military Leave and Earnings Statement for the period 1
May 2003 shows her pay grade as E-4.

6.  The applicant was honorably discharged from active duty on 5 September
2003 under the provisions of Army Regulation 635-200, paragraph 5-8 for
parenthood.





7.  The applicant’s DD Form 214 Worksheet shows her rank as PFC in item 4a
(Grade, Rate, or Rank) and her pay grade as E-3 in item 4b (Pay Grade).
Item 12h (Effective Date of Pay Grade) on her DD Form 214 Worksheet shows
the effective date of pay grade as 15 June 1999.

8.  In the processing of this case, a staff advisory opinion was obtained
from the Acting Sergeant Major at the Human Resources Command in St. Louis,
Missouri. This office indicated that the applicant was advanced to SPC by
Department of the Army, 705th Transportation Company, DA Form 4187, dated 1
February 2003, effective 1 March 2003.  The opinion states that the DFAS
Form 702 (Military Leave and Earnings Statement) also corroborates the pay
grade of E-4 even though her date of rank reflects her advancement to E-3.
This office recommended that the applicant’s pay grade and effective date
of pay be amended to reflect E-4 and 1 March 2003, respectively.

9.  A copy of the advisory opinion was forwarded to the applicant for
comment.  However, she did not respond within the allotted timeframe.

DISCUSSION AND CONCLUSIONS:

1.  A Personnel Action advanced the applicant to SPC, E-4 with an effective
date of 1 March 2003.

2.  The applicant’s DD Form 214 Worksheet for the period ending 5 September
2003 incorrectly reflects her rank and pay grade as PFC, E-3.

3.  As a matter of equity, it would be appropriate to amend the applicant’s
DD Form 214 for the period ending 5 September 2003 to show her rank and pay
grade as SPC, E-4 and to show the effective date of pay grade as 1 March
2003.

BOARD VOTE:

WP______  JR______  KJ______  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 5 September 2003 of the individual concerned
be corrected by:

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

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

      c.  amending item 12h to show the entry “2003 03 01.”




                                  William Powers________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002034                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060831                                |
|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.                      |                                        |


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