RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 March 2007
DOCKET NUMBER: AR20060010757
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. Gerard W. Schwartz
Acting Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 to her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was separated in the pay grade E-5 (sergeant (SGT)) vice pay grade E-4 (corporal (CPL)).
2. The applicant states, in effect, she was promoted prior to the end of her deployment and her ending rank should be corrected from pay grade E-4 to pay grade E-5.
3. The applicant provides a copy of her promotion orders to pay grade E-5 in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show she enlisted in the United States Army Reserve (USAR), in pay grade E-1, on 28 August 2002, for 8 years.
2. The applicant was promoted to pay grade E-3 on 16 January 2003 and to pay grade E-4 on 10 December 2003.
3. The applicant entered active duty, in pay grade E-4, on 23 January 2004, in support of Operation Iraqi Freedom.
4. On 30 September 2004, Headquarters and Headquarters, US Army Civil Affairs and Psychological Operations Command (A), Fort Bragg, North Carolina, published Orders 04-274-00012, promoting the applicant to pay grade E-5, effective 1 September 2004.
5. The applicant was released from active duty on 7 November 2004 and transferred to a Reserve unit. Item 4a. (Grade, Rate or Rank), of the applicant's DD Form 214, shows the rank, CPL. Item 4b. (Pay Grade), of her DD Form 214, shows pay grade E-4. Item 12h. (Effective Date of Pay Grade), of the applicant's DD Form 214, shows the date: 2003/12/10 (10 December 2003).
6. A review of the applicant's records on the Soldier Management System, Human Resources Command, St. Louis, Missouri, show she met all the qualifications for promotion to E-5 on 1 September 2004, to include a valid security clearance, current physical examination, a passed Army Physical
Fitness Test, and no derogatory information to show she was not in a promotable status on the effective date of the promotion. The SMS also does not show this promotion was ever voided or delayed.
7. Army Regulation 635-5 provides instructions for the preparation of the DD Form 214. It states, in pertinent part, that Items 4a, 4b, and 12h will list the rank, pay grade, and effective date pay grade of the current pay grade.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant enlisted in the USAR, in pay grade E-1, on 28 August 2002 and was promoted to pay grade E-4 on 10 December 2003.
2. The applicant entered on active duty in pay grade E-4. She was promoted to pay grade E-5 prior to her release from active duty.
3. The evidence shows the applicant was promoted to E-5 with an effective date of 1 September 2004 by orders published on 30 September 2004. Her records show she was in a promotable status on the effective date of her promotion. The applicant was released from active duty on 7 November 2004 and issued a DD Form 214 showing her pay grade as E-4. Therefore, she is entitled to correction of her DD Form 214, Item 4a to show the rank, SGT; Item 4b to show the pay grade E-5; and a correction to Item 12h to show the date of effective date of pay grade, 2004/09/01 (1 September 2004).
4. In view of the foregoing, the applicants records should be corrected as recommended below.
BOARD VOTE:
__JP____ __WDP__ ___PMS_ 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 Department of the Army records of the individual concerned be corrected by showing the rank Sergeant, in Item 4a.; pay grade E-5, in Item 4b.; and effective date of pay grade of 2004/09/01 (1 September 2004) in Item 12h., of the applicant's DD Form 214.
______
CHAIRPERSON
INDEX
CASE ID
AR20060010757
SUFFIX
RECON
DATE BOARDED
20070313
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100.02
2.
3.
4.
5.
6.
ABCMR Record of Proceedings (cont) AR20060010757
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA 22202-4508
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