RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 February 2008
DOCKET NUMBER: AR20070011656
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. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. Kenneth L. Wright | |Chairperson |
| |Mr. Antonio Uribe | |Member |
| |Mr. Ronald D. Gant | |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 Item 4a (Grade, Rate or Rank)
and Item 4b (Pay Grade) of his 6 January 2007, Separation Document (DD Form
214) be corrected to reflect his correct rank and pay grade as first
lieutenant/0-2
(1LT/0-2) vice second lieutenant/0-1 (2LT/0-1) as is currently listed.
2. The applicant states, in effect, that Item 4a and Item 4b of his DD
Form 214 incorrectly lists his rank and pay grade as 2LT/0-1. He states
that he was commissioned from the West Point class of 2005 and should have
been promoted by 1 December 2006.
3. The applicant provides no additional documentary evidence in support of
his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he was commissioned a 2LT/0-1 in the
United States Army Reserve (USAR) and entered active duty in that status on
28 May 2005.
2. Section III (Service Data) of the applicant's Officer Record Brief
(ORB) shows the source of his original appointment was the United States
Military Academy (USMA). It also shows he was appointed to 2LT/0-1 on 29
May 2006 and was promoted to 1LT/0-2 on 28 November 2006.
3. The applicant's Official Military Personnel File (OMPF) contains
Headquarters, United States Army Human Resources Command (HRC), Order
Number 291-107, dated 18 October 2006, which authorized the applicant's
promotion to 1LT/0-2, effective and with a date of rank of 28 November
2006.
4. On 6 January 2007, the applicant was honorably released from active
duty after completing a total of 1 year, 7 months and 9 days of active
military service. The DD Form 214 he was issued at the time shows he was
separated under the provisions of Paragraph 4-24b(4), Army Regulation 635-
40, by reason of Disability-Existed Prior to Service. Item 4a lists his
rank as 2LT and Item 4b lists his pay grade as 0-1.
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 also
establishes standardized policy for preparing and distributing the DD Form
214.
6. Chapter 2 of the separation documents regulation contains item-by-item
preparation instructions for the DD Form 214. The instructions for Item 4
state to enter the active duty grade or rank and pay grade at time of
separation from the ORB.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that Item 4 of his DD Form 214 incorrectly
lists his rank and pay grade as 2LT/0-1 and that it should instead show he
held the rank and pay grade of 1LT/0-2 at the time of his separation was
carefully considered and found to have merit.
2. The evidence of record includes an ERB and orders confirming the
applicant was promoted to 1LT/0-2 effective and with a date of rank of 28
November 2006, and that this was the grade he held on the date of his
separation. As a result, it would be appropriate and serve the interest of
justice and equity to correct Item 4a and Item 4b of his DD Form 214
accordingly at this time.
BOARD VOTE:
___KLW __AU __ __RDG__ 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 his 6 January 2007 DD Form 214 by deleting the current entries in
Item 4a and Item 4b and replacing them with the entries "1LT" and "0-2";
and by providing him a correction to his separation document that includes
these changes.
_____Kenneth L. Wright____
CHAIRPERSON
INDEX
|CASE ID |AR20070011656 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2008/01/ |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |2007/01/06 |
|DISCHARGE AUTHORITY |AR 635-40 |
|DISCHARGE REASON |Disability-EPTS |
|BOARD DECISION |Grant |
|REVIEW AUTHORITY | |
|ISSUES 1. 1021 |100.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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