RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 February 2008
      DOCKET NUMBER:  AR20070013458


      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:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Sherri V. Ward                |     |Member               |
|     |Mr. Jeffrey C. Redmann            |     |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 record be corrected to show
he was promoted to sergeant/E-5 (SGT/E-5) prior to his release from active
duty.

2.  The applicant states, in effect, he was promoted to SGT/E-5 prior to
the expiration of his term of service (ETS) and was told he could correct
his records to show this promotion when he got to his Army National Guard
(ARNG) unit.

3.  The applicant provides promotion orders in support of his application.


CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he enlisted in the Regular Army and
entered active duty on 29 June 1995.  He successfully completed One Station
Unit Training (OSUT) and the basic airborne course at Fort Benning,
Georgia.  Upon completion of OSUT, he was awarded military occupational
specialty (MOS) 92Y (Unit Supply Specialist).

2.  The applicant's Official Military Personnel File (OMPF) contains
Headquarters, United States Army Infantry Center, Fort Benning, Georgia,
Orders 73-5003, dated 14 March 2006.  These orders authorized the
applicant's promotion to SGT/E-5 in MOS 92Y2P4ACC, effective and with a
date of rank of 1 March 2006.
3.  On 20 March 2006, the applicant was honorably released from active duty
(REFRAD) after completing 9 years, 9 months, and 8 days of active military
service.  The separation document (DD Form 214) he was issued at the time
lists his rank and pay grade as specialist/E-4 (SPC/E-4) in Items 4a
(Grade, Rate or Rank) and Item 4b (Pay Grade).  Item 9 (Command To Which
Transferred) contains the entry "DET 1  CO C 2/121  (WPDBC1)  2505 VICTORY
DRIVE, COLUMBUS GA  31901-3459", which confirms he entered the ARNG upon
his REFRAD.

4.  The applicant's OMPF is void of an ARNG enlistment contract.  The
record does include a Retirement Points Summary that shows the applicant
entered the Reserve Component (RC) and ARNG on 21 March 2006, upon his
REFRAD.

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 preparation
instructions for the DD Form 214.  The instructions for Item 4 are to enter
the active duty grade or rank and pay grade held at time of separation.

7.  Army Regulation 601-280 (Army Retention Program) prescribes criteria
for the Army Retention Program and sets forth policies, command
responsibilities for immediate reenlistment or extension of enlistment of
soldiers currently serving in the Active Army and for enlistment/transfer
and assignment of Soldiers processing from the Active Army to the Reserve
Components of the U.S. Army.

8.  Chapter 7 of the Army Retention Program regulation contains guidance on
the enlistment/transfer processing of Soldiers from the Regular Army to the
Reserve Component.  It states, in pertinent part, that eligible active duty
Soldiers who are eligible may transfer/enlist into ARNG units or United
States Army Reserve (USAR) units upon their REFRAD.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show
he was promoted to SGT/E-5 prior to his ETS was carefully considered and
found to have merit.  His OMPF contains orders that authorized his
promotion to SGT/E-5, effective and with a date of rank of 1 March 2006, 20
days prior to his REFRAD and transfer to the ARNG on 20 March 2006.

2.  Given the applicant was promoted to SGT/E-5 prior to his REFRAD, it
would be appropriate to amend his DD Form 214 by deleting the current
entries in Item 4a and Item 4b and replacing them with the entries "SGT"
and "E-5"; by deleting the current entry in Item 11 (Primary Specialty) and
replacing it with the entry "92Y2P4ACC Unit Supply Specialist - 9 YRS 9
MOS//NOTHING FOLLOWS"; and by deleting the current entry in Item 12h
(Effective Date of Pay Grade) and replacing it with the entry "2006  03
01."

3.  It would also be appropriate to correct his record to show he was
transferred into the RC and enlisted in the ARNG in the rank and pay grade
of SGT/E-5, and to provide him any back active duty and RC pay and
allowances due as a result of his promotion to SGT/E-5 on 1 March 2006.

BOARD VOTE:

__MKP__  __SVW__  __JCR__  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:

      a.  amending his 20 March 2006 DD Form 214 by deleting the current
entry in Item 4a and replacing it with the entry "SGT"; deleting the
current entry in Item 4b and replacing it with the entry "E-5"; deleting
the current entry in Item 11 and replacing it with the entry "92Y2P4ACC
Unit Supply Specialist - 9 YRS
9 MOS//NOTHING FOLLOWS"; and deleting the current entry in Item 12h and
replacing it with the entry "2006  03  01";

      b.  showing he was transferred into the RC and enlisted in the ARNG
in the rank and pay grade of SGT/E-5 on 21 March 2006; and

      c.  providing him all back active duty and RC pay and allowances due
as a result of his promotion to SGT/E-5, effective 1 March 2006.




                                  _____Margaret K. Patterson __
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070013458                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/02/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2006/03/20                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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