RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 February 2007
DOCKET NUMBER: AR20060012399
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
Mrs. Victoria A. Donaldson
Analyst
The following members, a quorum, were present:
Mr. Hubert O. Fry, Jr.
Chairperson
Mr. William F. Crain
Member
Mr. Dale E. DeBruler
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show specialist/pay grade E-4.
2. The applicant states that she was not demoted at the time of her separation.
3. The applicant provides a copy of Department of the Army Orders Number 178-0250, dated 27 June 2005, in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant entered Active Duty on 18 September 2002. She was separated for misconduct on 19 July 2005.
2. The separation processing packet identifies the applicant as a specialist/pay grade E-4. The separation approval authority did not authorize reduction in the applicant's rank or pay grade. Additionally, there is no indication that the applicant's rank was reduced as a result of punishment prior to the separation processing procedures.
3. The applicant's separation orders identify the applicant as a specialist/pay grade E-4.
4. The DD Form 214 issued at the time of the applicant's discharge shows in Block 4a (Grade, Rate, or Rank) the entry "PV2" and in Block 4b (Pay Grade) the entry "E2."
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. Paragraph 2-1 of this regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her DD Form 214 incorrectly shows her rank and pay grade was carefully considered and determined to have merit.
2. Although the applicant was discharged from the Army for misconduct, there is no evidence that she was reduced in rank prior to her discharge. Additionally, the separation approving authority did not authorize reduction in the applicant's rank/pay grade upon her discharge.
3. Based on the foregoing, it is determined that the applicant held the rank of specialist/pay grade E-4 at the time of her discharge and that her DD Form 214 should be amended to show that she was discharged as a specialist/pay grade E-4.
BOARD VOTE:
__DED__ __WFC__ _HOF ___ 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 all Department of the Army records of the individual concerned be corrected by amending the DD Form 214 to show in Block 4a (Grade, Rate, or Rank) the entry "SPC" and in Block 4b (Pay Grade) the entry "E4."
___Hubert O. Fry, Jr._____
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
ARMY | BCMR | CY2007 | 20070003631
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the rank of sergeant and the pay grade of E-5. US Army Maneuver Support Center and Fort Leonard Wood Orders Number 353-311, dated 19 December 2006, show that the applicant was promoted to the rank of sergeant/pay grade E-5 with the date of rank of 1 January 2007. Orders show that the applicant was promoted to the rank of sergeant/pay grade E-5 effective 1 January 2007.
ARMY | BCMR | CY2001 | 2001062705C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show she enlisted in the Pennsylvania Army National Guard (PAARNG) on 28 May 1985, in the pay grade of E-1. Item 12h (Effective Date of Pay Grade) of her DD Form 214 shows the entry “85 05 28” (28 May 1985).
ARMY | BCMR | CY2006 | 20060009700
The applicant requests Item 4a (Grade) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 5 September 1997 be changed to read SPC (specialist) instead of PFC (private first class). The applicant's military records show she enlisted on 2 October 1995 for a period of 4 years. The evidence shows that at the time of the applicants separation she had been promoted to specialist/pay grade E-4.
ARMY | BCMR | CY2001 | 2001063762C070421
The applicant states, in effect, that while serving in the United States Army Reserve (USAR) he was promoted to the rank and pay grade of sergeant/E-5 (SGT/E-5) and he was awarded the ARCOM that should be added to his DD Form 214. However, during its review of this case, the Board did note that while still serving on active duty, the applicant was awarded the Army Achievement Medal, for meritorious service from 21 May 1986 to 20 March 1987, and that this award was omitted from the list of...
ARMY | BCMR | CY2006 | 20060009113
x The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to show her correct rank in item 4a (Grade, Rate or Rank). Headquarters, 81st Regional Support Command, Birmingham, Alabama Orders 03-132-00015, dated 12 May 2003, promoted the applicant from SGT to SSG with an effective date and date of rank (DOR) of 9 May 2003.
ARMY | BCMR | CY2006 | 20060015101
The applicant's military service records contain a DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), dated 21 February 2000, which shows that the applicant requested "to be considered for advancement to next higher grade." Her records also contain a copy of Headquarters, Board for Correction of Military Records, Arlington, Virginia, memorandum, dated 28 June 2000, which shows, in pertinent part, that the applicant was...
ARMY | BCMR | CY2006 | 20060006785C070205
The applicant states, in effect, that she was never in the U.S. Army Reserve and that her reserve obligation date in item 12i, of her DD Form 214, should be removed and that she was serving in pay grade E-3 prior to her release from active duty. The applicant was honorably released from active duty on 6 August 1982, under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-31, EPD, in pay grade E-2, with transfer to the USAR Control Group (Reinforcement) to complete her...
ARMY | BCMR | CY2006 | 20060017046
There are no orders in the applicant's records which show the applicant was promoted to Specialist/pay grade E-4 before she was separated from active duty. The official DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued to the applicant upon separation for the period ending 18 February 2003 shows in item 4a and 4b private/pay grade E-2. In order to justify correction of a military record the applicant must, or it must otherwise satisfactorily appear, that...
ARMY | BCMR | CY2006 | 20060002034C070205
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 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.
ARMY | BCMR | CY2009 | 20090012396
Application for correction of military records (with supporting documents provided, if any). The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added) to include attendance at basic combat and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The evidence of record shows that at the time of her release from active duty on 24 October 1990, the applicant held the...