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ARMY | BCMR | CY2006 | 20060010972
Original file (20060010972.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 March 2007
	DOCKET NUMBER:  AR20060010972 


	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.  


x

	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 pay grade on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 December 2003 be changed from E-3 to E-4.  She also requests that her primary military occupational specialty (PMOS) be changed to 88M1O (Motor Transport Operator).

2.  The applicant states that her DD Form 214 reflects her pay grade as E-3.  As a result, she had to enlist in the Naval Reserves as an E-3 rather than an E-4.

3.  The applicant provides a copy of her DA Form 4187 (Personnel Action), dated 6 January 2002, promoting her to specialist (SPC), E-4 and her DD Form 214 for the period ending 15 December 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant has served in support of Operation Enduring Freedom.

2.  The applicant enlisted in the U.S. Army Reserve on 21 June 1999 in pay grade E-1.  

3.  Headquarters, U.S. Army, 90th Regional Support Command, North Little Rock, Arkansas Orders 01-020-067, dated 20 January 2001, awarded the applicant PMOS 77F (Petroleum Supply Specialist) with an effective date of 20 January 2001.  Her rank is shown as private E-2 on the standard name line.  

4.  A Personnel Action, dated 6 January 2002, promoted the applicant to SPC, 
E-4 in PMOS 88M with an effective date of 6 January 2002.

5.  The applicant was ordered to active duty on 10 February 2003 in support of Operation Noble Eagle and Operation Enduring Freedom.  She was discharged from active duty on 15 December 2003 under the provisions of Army Regulation 635-200, paragraph 5-8 for parenthood.  Neither her active duty orders nor her separation orders are available.

6.  Item 11 (Primary Specialty) on her DD Form 214 for the period ending 15 December 2003 shows the entry "92F1O 00 PETROLEUM SUPPLY SPECIALIST – 1 YRS – 5 MOS//NOTHING FOLLOWS."

7.  Item 4a (Grade, Rate, or Rank) shows her rank as “PFC” and item 4b (Pay Grade) shows her pay grade as “E3.”  Her effective date of pay grade is shown as 10 February 2003.
8.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  In pertinent part, it directs that the titles of all MOS or area of concentration (AOC) served for at least one year and the number of years and months served will be entered in item 11.

9.  Commander, U.S. Army Human Resources Command's Enlisted MOS Conversion Chart shows MOS 77F converted to MOS 92F.

DISCUSSION AND CONCLUSIONS:

1.  The Personnel Action, dated 6 January 2002, shows the applicant was advanced to SPC, E-4 with an effective date of 6 January 2002.  

2.  The applicant was ordered to active duty on 10 February 2003 and was separated on 15 December 2003.  Her DD Form 214 for the period ending 15 December 2003 reflects her rank and pay grade as PFC, E-3 at the time of her separation and the effective date of pay grade as 10 February 2003.

3.  Although the Personnel Action shows the applicant was advanced to SPC, 
E-4 on 6 January 2002, it cannot be determined whether she was reduced prior to the date she was ordered to active duty on 10 February 2003.  In the absence of sufficient evidence, such as pay records, it is presumed that the applicant’s DD Form 214 for the period ending 15 December 2003 was properly prepared to reflect her rank and pay grade as PFC, E-3.  

4.  There is no evidence of record which indicates the applicant served in PMOS 88M.  Therefore, there is insufficient evidence on which to base correction of her DD Form 214 for the period ending 15 December 2003 to reflect her PMOS as 88M.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

x______ x______ x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




x___________
          CHAIRPERSON




INDEX

CASE ID
AR20060010972
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070301
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
100.0000
2.

3.

4.

5.

6.


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