RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 August 2007
DOCKET NUMBER: AR20070004048
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. Luis Almodova | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. Michael J. Flynn | |Chairperson |
| |Mr. Larry W. Racster | |Member |
| |Mr. Donald W. Steenfott | |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 his rank and pay grade be
corrected on his DD Form 214, Certificate of Release or Discharge from
Active Duty.
2. The applicant states, in effect, Items 4.a. and 4.b. incorrectly show
his rank as specialist and his pay grade as E-4. He was released from
active duty on 11 January 2004. On 16 December 2003, orders were published
promoting him to Sergeant E-5 but, the promotion was not recorded on his
final DD Form 214.
3. The applicant provided a copy of his DD Form 214 and a copy of orders
promoting him to the rank/pay grade of sergeant, E-5.
CONSIDERATION OF EVIDENCE:
1. The evidence shows the applicant enlisted in the US Army Reserve on
22 November 1999. On 12 July 2000 he enlisted in the Regular Army for a
period of 4 years. He successfully completed basic combat training and
advanced individual training and was awarded the military occupational
specialty 21B, Combat Engineer.
2. The applicant was promoted to the rank and pay grade specialist, E-4,
on 1 April 2002. He served in this rank and pay grade until 1 January
2004.
3. The applicant was promoted to the rank and pay grade of sergeant, E-5,
with a date of rank and effective date of 1 January 2004, by Orders 350-
401, 18th Personnel Service Center, Fort Polk, Louisiana, dated 16 December
2003.
4. The applicant was released from active duty on 11 January 2004. Item
4.a. and 4.b. of his DD Form 214 shows the entries, “SPC and E4,”
respectively.
5. An inquiry was made to the Defense Finance and Accounting Service
(DFAS), on 26 July 2007, to determine the applicant’s rank and pay grade at
the time of his released from active duty (what was shown on his final pay
voucher at the time of his release).
6. On 30 July 2007, a representative of the DFAS responded to the inquiry
by advising a Board representative the applicant’s final pay voucher shows
he was released from active duty in the rank and pay grade, sergeant, E-5.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was promoted to the rank and pay grade
of sergeant, E-5, with a date of rank and effective date of 1 January 2004.
2. An inquiry was made to the DFAS to determine the rank and pay grade in
which the applicant was serving on the date of his release from active
duty. The DFAS verified the applicant's final pay voucher shows he was
paid final pay and allowances in the rank and pay grade of sergeant, E-5.
3. Based on the evidence, the applicant is entitled to a correction of his
DD Form 214, items 4.a. and 4.b., to show the entries sergeant and E-5, in
these items, respectively.
BOARD VOTE:
__MJF___ __LWR__ __DWS__ 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
correcting by showing in items 4.a. and 4.b. the entries, sergeant, and E-
5.
_____Michael J. Flynn________
CHAIRPERSON
INDEX
|CASE ID |AR20070004048 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070814 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |144.0000 |
|2. |144.9213 |
|3. | |
|4. | |
|5. | |
|6. | |
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