RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 16 October 2007
DOCKET NUMBER: AR20070012333
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. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Ms. Shirley L. Powell
Chairperson
Mr. James E. Anderholm
Member
Mr. Joe R. Schroeder
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and correction of his DD Form 1966/1 (Record of Military Processing-Armed Forces of the United States) to show his rank as private first class/pay grade E-3, effective 9 September 2005.
2. The applicant states, in effect, that his rank is private first class/pay grade E-3, effective 9 September 2005.
3. The applicant provided a copy of his DD Form 214, DD Form 1966/1, DD Form 4/1 (Enlistment/Reenlistment Document, Armed Forces of the United States), and a copy of his Enlisted Records Brief (ERB) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that he enlisted in the U.S. Army Reserve (USAR) on 3 October 2005 in pay grade E-3. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 92Y (Unit Supply Specialist). Upon completion of advanced individual training, he was released from active duty training under chapter 4 of Army Regulation 635-200 (Personnel Separations). The DD Form 214 he was issued confirms his rank/pay grade at the time of his release was private/pay grade E-1.
2. The applicant's record shows that he reenlisted in the Regular Army on 17 January 2007 for a period of 3 years and 2 months in accordance with paragraph 2-18 of Army Regulation 601-280 (Active and Reserve Components Enlistment Program) in pay grade E-3. The applicant's DD Form 1966/1 also shows his rank/pay grade as private first class/pay grade E-3; however, it shows his date of rank as 17 January 2007 (the date he reenlisted).
3. Section III (Service Data) of the applicant's ERB shows his rank as private first class (PFC) and his date of rank as 17 January 2007.
4. Section VII (Civilian Education) of the applicant's ERB shows that he has completed an Associates Degree.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. This regulation, in pertinent part, states that the active duty grade or rank and pay grade at the time of separation, taken from the Soldiers ERB, will be entered in Item 4a and 4b of the DD Form 214. Additionally, Army Regulation 635-5 provides, in pertinent part, a list of authorized source documents to be used when completing a Soldier's DD Form 214. Included on this list is any other document authorized for filing in the Official Military Personnel File (OMPF).
6. Army Regulation 601-280 governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the United States Army Reserve, and Army National Guard. Paragraph 2-18(a) of this regulation states, in pertinent part, that an applicant with an associate degree will be enlisted at pay grade PFC without regard to the number of semester or quarter hours completed.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to correction of his record to show his rank as private first class/pay grade E-3, effective 9 September 2005.
2. Evidence of record shows that the applicant enlisted in the USAR on 9 September 2005 in the grade of private first class/pay grade E-3. There is no evidence that he received a reduction in rank. The applicants current rank and date of rank reflected in the Integrated Personnel Electronic Records (iPERMS) is private first class, pay grade E-3, effective 9 September 2005. Therefore, it is appropriate to correct the applicant's DD Form 214 to show his rank as private first class "PFC" and his pay grade as E3.
3. Evidence of record shows that on 17 January 2007 the applicant reenlisted in the rank of private first class/pay grade E-3 due to having an Associate's Degree. Accordingly, the DD Form 1966/1 was completed to show the applicant's grade as E-3 effective 17 January 2007. Had the DD Form 214 been correct, the accession date on the DD Form 1966 would have shown the correct date of rank. Therefore, the applicant is entitled to correction of his DD Form 1966/1.
BOARD VOTE:
__slp___ __jea___ __jrs___ 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 DD Form 214, with an effective date of 10 March 2006 to show:
a. In Item 4a Private first class or PFC; and
b. In Item 4b E3.
2. Correct the date of rank to show "2005 09 09" in item 18g (Accession Data) of the applicant's DD Form 1966/1.
Shirley L. Powell
______________________
CHAIRPERSON
INDEX
CASE ID
AR20070012333
SUFFIX
RECON
DATE BOARDED
20071016
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(GRANT)
REVIEW AUTHORITY
ISSUES 1.
100.0000
2.
3.
4.
5.
6.
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