RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 August 2007
	DOCKET NUMBER:  AR20070002005 


	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

Mr. John J. Wendland, Jr.

Analyst


The following members, a quorum, were present:


Mr. Conrad V. Meyer

Chairperson

Mr. Dale E. DeBruler

Member

Ms. Ernestine I Fields

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 the rank, pay grade, and effective date of pay grade shown on his discharge document be corrected.

2.  The applicant states, in effect, at the time of his release from active duty his rank was sergeant (SGT)/pay grade E-5; however, his discharge document shows his rank as specialist (SPC)/pay grade E-4.

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 15 November 2006; Headquarters, Alpha Detachment, 22nd Personnel Services Battalion, Fort Lewis, Washington, Orders 290-060, dated 17 October 2006; and State of Illinois, Department of Veterans’ Affairs, Rock Island, Illinois, IDVA Form 200, dated 26 January 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he enlisted in the U.S. Army Reserve (USAR) for a period of 8 years on 26 September 2000 and entered active duty in the Regular Army (RA) for a period of 6 years on 16 November 2000.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 15T (UH-60 Helicopter Repairer).  The applicant’s records show that he served in Iraq in support of Operation Iraqi Freedom from 25 April 2003 to 17 July 2004.

2.  The applicant's military service records contain a copy of Headquarters,
I Corps and Fort Lewis, Military Personnel Division, Fort Lewis, Washing, Orders 243-0003, dated 21 August 2006, which show that the applicant was reassigned to the U.S. Army Transition Center, Fort Lewis, Washington, for transition processing, with a reporting date of 15 November 2006.  These orders also show, in pertinent part, the applicant's rank at that time was SPC (E-4).

3.  The applicant's military service records contain a copy of Headquarters, Alpha Detachment, 22nd Personnel Services Battalion, Fort Lewis, Washington, Orders 290-060, dated 17 October 2006, that show the applicant was promoted from SPC to SGT, in MOS 15T2O, effective and with a date of rank of 1 October 2006.

4.  The applicant's military service records contain a DD Form 214, which shows he was honorably released from active duty (REFRAD) on 15 November 2006 after completing 6 years net active service.  This document also shows that he was transferred to the USAR Control Group (Reinforcement), St. Louis, Missouri, effective 16 November 2006, with a Reserve Obligation Termination Date of
25 September 2008.  Item 4a (Grade, Rate or Rank) of this document contains the entry "SPC"; Item 4b (Pay Grade) contains the entry "E04"; and Item 12 (Record of Service), Block h (Effective Date of Pay Grade), contains the entry "2002 11 16" (i.e., 16 November 2002).  Item 21 (Signature of Member Being Separated) of the DD Form 214 shows the applicant placed his signature on the document.

5.  The applicant's military service records are absent any reduction document or instrument that would account for a change in rank from SGT to SPC during the period 1 October 2006 through the date he was REFRAD on 15 November 2006.

6.  The Total Army Personnel Data Base (TAPDB) maintained by the U.S. Army Human Resources Command (USA HRC) shows the applicant’s grade is SGT, his DOR is 1 October 2006, and that his Reserve Military Service Obligation expires on 25 September 2008.

7.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions), in effect at the time of the effective date of the applicant’s promotion to SGT/E-5, prescribes the enlisted promotions and reductions function of the military personnel system. Chapter 3 (Semi-centralized Promotions - Sergeant and Staff Sergeant) governs the Sergeant (SGT) and Staff Sergeant (SSG) promotion system for Active Army and USAR Active/Guard Reserve (AGR) Soldiers.  Paragraph 3-36 (Rules for processing service remaining requirements) states that the service remaining requirement is 12 months for promotion to SSG.  This document is silent with respect to any service remaining requirement for promotion to SGT.

8  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 Military Personnel Records Jacket (MPRJ) or Official Military Personnel File (OMPF).

9.  The Army Separation Documents regulation contains item-by-item instructions for completing the DD Form 214.  The instructions for Item 4a (Grade, Rate or Rank) and Item 4b (Pay Grade) are to enter the active duty grade or rank and pay grade at the time of separation, as taken from the applicant's PQR or ERB/ORB.  The instructions for Item 12h (Effective Date of Pay Grade) are to enter the effective date of promotion to the current pay grade from the most recent promotion order (or reduction instrument).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the rank, pay grade, and effective date of pay grade shown on his discharge document should be corrected because he was promoted to the rank of sergeant prior to his REFRAD.

2.  The evidence of record shows that the applicant was promoted to the rank of SGT (E-5), effective 1 October 2006; REFRAD approximately 45 days later in the rank of SPC (E-4); and transferred to the USAR, effective 16 November 2006.  However, the evidence of record also shows that the USA HRC TAPDB indicates that the applicant is currently assigned to the USAR, in the rank of SGT (E-5), with a DOR of 1 October 2006.

3.  It is not clear why the applicant’s DD Form 214, issued upon his REFRAD on 15 November 2006, shows the applicant’s rank as SPC (E-4).  In this regard, the applicant offers no explanation as to the reason he did not identify the apparent error on the DD Form 214 to personnel officials during his transition processing at the U.S. Army Transition Center, Fort Lewis, Washington.  Despite this fact, the applicant's military service records, along with the USA HRC TAPDB, indicate that he was promoted to the grade of SGT (E-5), effective 1 October 2006, and that he currently holds that grade and DOR.  Moreover, the applicant's military service records are absent any reduction document/instrument that might account for a change in rank from SGT to SPC during the period 1 October 2006 through the date he was REFRAD on 15 November 2006.  Therefore, in view of the foregoing, there is a preponderance of documentary evidence to authorize a change to the rank, pay grade, and effective date of pay grade shown on the applicant’s DD Form 214, with an effective date of 15 November 2006.

BOARD VOTE:

___CVM_  ___DED_  ___ERM _  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 showing the following corrections to the applicant's DD Form 214, with an effective date of 15 November 2006:

	a.  Item 4a.   Grade, Rate or Rank
			 Delete:  "SPC"
			 Add:	    "SGT"

	b.  Item 4b.   Pay Grade
			 Delete:  "E04"
			 Add:      "E-5"

	c.  Item 12h. Effective Date of Pay Grade
			 Delete:  "2002  11  16"
			 Add:      "2006  10  01"




____Conrad V. Meyer____
          CHAIRPERSON




INDEX

CASE ID
AR20070002005
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/08/21
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20061115
DISCHARGE AUTHORITY
AR 635-200, Chapter 4
DISCHARGE REASON
Completion of Required Active Service
BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
131.0000.0000
2.

3.

4.

5.

6.