RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 October 2006
DOCKET NUMBER: AR20060004456
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. Patrick McGann | |Chairperson |
| |Mr. David Gallagher | |Member |
| |Mr. Roland Venable | |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, 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. He also
requests that the Army Good Conduct Medal be added to his DD Form 214.
2. The applicant states, in effect, that he has promotion orders to
reflect his promotion to SGT, E-5 and orders for award of the Army Good
Conduct Medal.
3. The applicant provides a copy of his DD Form 214 for the period ending
3 February 2005; his promotion orders to SGT, E-5; and his orders for award
of the Army Good Conduct Medal.
CONSIDERATION OF EVIDENCE:
1. The applicant served in support of Operation Iraqi Freedom.
2. The applicant enlisted in the Army National Guard on 6 October 1999 for
a period of eight years. He completed infantry training and was awarded
military occupational specialty 11B (Infantryman). He was promoted to
specialist, E-4 on 13 December 2000.
3. He was ordered to active duty on 1 October 2003 in support of Operation
Iraqi Freedom.
4. Office of The Adjutant General, State of New York Orders Number 033-
1002, dated 2 February 2004, promoted the applicant to SGT, E-5 with an
effective date and DOR of 9 January 2004. He was awarded primary MOS
11B20.
5. The applicant’s DA Form 2166-8 (Noncommissioned Officer Evaluation
Report) for the period ending December 2004 shows his rank as “SGT” with a
DOR of 9 January 2004.
6. Headquarters, 10th Mountain Division (Light Infantry) and Fort Drum
Orders Number 004-1105, dated 4 January 2005, released the applicant from
active duty effective 3 February 2005. His rank is shown as “SPC” on the
standard name line.
7. His DD Form 214 for the period ending 3 February 2005 does not show the
Army Good Conduct Medal as an authorized award.
8. The applicant’s DD Form 214 for the period ending 3 February 2005 shows
his rank as SPC in item 4a (Grade, Rate, or Rank) and his pay grade as E-4
in item 4b (Pay Grade). Item 12h (Effective Date of Pay Grade) on his DD
Form 214 for the period ending 3 February 2005 shows the effective date of
pay grade as 13 December 2000.
9. Office of The Adjutant General, State of New York Permanent Orders
Number 142-499, dated 22 May 2005, awarded the applicant the Army Good
Conduct Medal for the period 1 October 2003 through 3 February 2005.
10. The applicant was discharged from the Army National Guard on 5 October
2005. His NGB Form 22 (National Guard Bureau Report of Separation and
Record of Service) shows his rank and pay grade as SGT, E-5 with a DOR of
9 January 2004.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant was promoted to SGT, E-5 effective 9 January
2004. However, his DD Form 214 for the period ending 3 February 2005 and
his separation orders incorrectly reflect his rank and pay grade as SPC, E-
4. Therefore, it would be equitable to amend his DD Form 214 for the
period ending 3 February 2005 to show his rank and pay grade as SGT, E-5
and to show the effective date of pay grade as 9 January 2004. In
addition, his separation orders should be amended to reflect his rank as
SGT.
2. The applicant was awarded the Army Good Conduct Medal for the period of
service from 1 October 2003 through 3 February 2005. Therefore, it would
be appropriate to amend his DD Form 214 for the period ending 3 February
2005 to show the Army Good Conduct Medal.
BOARD VOTE:
PM______ DG______ RV______ 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 3 February 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 “E-5”;
c. amending item 12h to show the entry “2004 01 09”;
d. adding the Army Good Conduct Medal; and
e. amending Headquarters, 10th Mountain Division (Light Infantry) and
Fort Drum Orders Number 004-1105, dated 4 January 2005, to show his rank as
“SGT”.
Patrick McGann________
CHAIRPERSON
INDEX
|CASE ID |AR20060004456 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20061011 |
|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. Chun |
|ISSUES 1. |129.0000 |
|2. |107.0056 |
|3. | |
|4. | |
|5. | |
|6. | |
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