RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 June 2007
      DOCKET NUMBER:  AR20070000190


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, that her records be corrected to
show she was promoted to the rank of specialist/pay grade E-4 and that she
was deployed to Iraq.

2.  The applicant states, in effect, that her records are in error.

3.  The applicant provides a copy of her DD Form 214 (Certificate of
Release or Discharge from Active Duty), with an effective date of 30
November 2003; a copy of Headquarters, 4th Infantry Division (Mechanized)
deployment orders and manifest, a copy of a memorandum, subject: theater
Release of applicant, and a unsigned copy of a certificate of promotion.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 30 November 2003.  The application submitted in this case was
dated
8 November 2006.

2.  The applicant enlisted in the Regular Army on 14 June 1999, for a
period of
4 years.  She completed the required training and was awarded military
occupational specialty 42A (Human Resources Specialist).  The highest rank
she attained while serving on active duty was Private First Class (PFC),
pay grade
E-3.

3.  The applicant's military service records contain a DD Form 214 that
shows the applicant was honorably released from active duty on 30 November
2003 after completing a total of 4 years, 5 months, and 17 days active
service.

4.  The copy of the unsigned certificate submitted by the applicant states
that she was promoted to the grade of specialist (SPC/E-4) 1 June 2001.

5.  Section I3 (Service Data) of the applicant's AAA-347 (Enlisted Record
Brief (ERB)) dated 17 May 2001, shows her Grade/DOR (date of rank) as
PFC/20000614.  Section III (Service, Training, and Other Dates), of the
applicant’s DA Form 2-1 (Personnel Qualification Record) reviewed by the
applicant on 24 November 2000, shows in Item 18 (Appointments and
Reductions) that the applicant’s grade was PFC and her date of elig/rank
was
14 June 2000.

6.  Item 4.a (Grade, Rate, or Rank) of the DD Form 214, dated 30 November
2003 shows the entry “PFC” on the effective date of her discharge from
active duty.  Item 4.b (Pay Grade) of the DD Form 214 shows the entry “E3”
on the effective date of discharge.

7.  Item 12h (Effective date of Pay Grade) of the applicant’s DD Form 214
shows the entry “2003 08 17”.

8.  Item 12f (Foreign Service) of the applicant’s DD Form 214 shows the
entry “0000 00 00”.

9.  Orders Number 029-98, Headquarters, 4th Infantry Division, Fort Hood,
Texas, dated 29 January 2003 and Orders Number 087-09, Headquarters, 4th
Infantry Division, Fort Hood, Texas, dated 27 March 2003, ordered the
applicant’s unit to proceed on temporary change of station active duty on 5
April 2003 to the CENTCOM AOR in support of Operation Iraqi Freedom.

10.  Memorandum, subject: Theater Release, dated 17 August 2003, 502d
Personnel Services Battalion, Task Force Iron Horse, APO AE, authorized the
applicant’s department from the CENTCOM AOR no earlier than 20 August 2003
with an expiration term of service date of 30 November 2003.

11.  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 also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains guidance on the preparation of the DD Form 214.
It states, in pertinent part, that the source documents for entering
information on the DD Form 214 will be the Personnel Qualification Record
(PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document
authorized for filing in the MPRJ/OMPF.

12.  Paragraph 2-4 (Completing the DD Form 214) of the Separation Documents
regulation contains item-by-item instructions for completing the DD Form
214.  The instructions for completing Item 4 state to enter the active duty
grade or rank and pay grade at time of separation.  The instructions for
Item 12, block h, provide that from the most recent promotion order (or
reduction instrument), enter the effective date of promotion to the current
grade.  Each entry will be verified by the Soldier's records.

13.  Paragraph 2-4 of Army Regulation 635-5 indicates that item 12f
(Foreign Service) of the DD Form 214 would show the total amount of foreign
service completed during the period covered in block 12c (Net Active
Service This Period).

14.  Chapter 2 of the separation documents regulation provides preparation
instructions for the DD Form 214.  The instructions stipulate that the
following entry will be made in item 18 (Remarks) to document the overseas
deployment of an active duty soldier:  "SERVICE IN (NAME OF COUNTRY
DEPLOYED) FROM (inclusive date for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that her records should be corrected
to show she was promoted to the rank of specialist/pay grade E-4.  The
applicant also contends that her records should be corrected to show that
she served in Iraq.

2.  The applicant’s record shows that she held the rank/pay grade PFC/E-3
with a date of rank of 17 August 2003, on the effective date of her
separation from the Army.  The applicant's record does not show that she
was advanced to SP4/E-4 prior to her separation from active duty on 30
November 2003.  In the absence of evidence to the contrary, it is concluded
that the applicant’s separation document dated 30 November 2003 is correct.
 Therefore, she in not entitled to correction of her records to show her
rank/pay grade as SP4/E-4.

3.  Records show that the applicant participated in the CENTCOM AOR in
Kuwait during the period of 5 April 2003 through 17 August 2003.
Therefore, she is entitled have her records corrected to show that she
served in the CENTCOM AOR (Kuwait) for 4 months and 12 days.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__MKP__  ___RDG _  ___RCH_  GRANT PARTIAL RELIEF

________  ________  _______ _  GRANT FORMAL HEARING

________  ________  _______ _  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by correcting Item 12f of the DD Form 214 to show
her total foreign service as "00 years, 04 months, 12 days and by
correcting Item 18 of the DD Form 214 to show she served in the Kuwait from
20030405 - 20030817.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correcting her rank/pay grade to SPC/E-4.




                            ____Margaret K. Patterson____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2007000190                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/06/14                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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