RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 April 2008
DOCKET NUMBER: AR20070013563
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.
Director
Analyst
The following members, a quorum, were present:
M
Chairperson
M
Member
M
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 Item 4a (Grade, Rate or Rank) and Item 4b (Pay Grade) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), from "staff sergeant (SSG)/E-6" to "sergeant first class (SFC)/E-7."
2. The applicant states that he was promoted to SFC/E-7 prior to his release from active duty.
3. The applicant provided the following additional documentary evidence in support of his application:
a. DD Form 214, dated 28 September 2007.
b. Office of the Adjutant General, Joint Force Headquarters, Latham, New York, Orders 213-1026, dated 1 August 2007 (Promotion Orders).
c. Leave and Earnings Statements (LES), dated 31 August 2007, 14 September 2007, and 1 October 2007.
CONSIDERATION OF EVIDENCE:
1. With prior service in the Regular Army, the applicant enlisted in the New York Army National Guard (NYARNG) in the rank/grade of specialist (SPC)/E-4 for a period of 1 year and 8 months in military occupational specialty (MOS) 63B (Light Vehicle Mechanic) on 11 December 2001. He subsequently executed a series of extensions in the NYARNG.
2. On 2 September 2002, he entered active duty in Active/Guard Reserve (AGR) status and was assigned to the Recruiting and Retention Command, Watervliet, New York, as a Recruiting and Retention Noncommissioned Officer. He was subsequently promoted to sergeant (SGT)/E-5 on 18 September 2002 and to SSG/E-6 on 5 August 2004. He was honorably released from active duty on 10 March 2006 and reverted back to his ARNG status.
3. On 11 June 2006, he was ordered to active duty as a member of his Reserve unit in support of Operation Iraqi Freedom and subsequently served in Iraq from 6 September 2006 to 27 August 2007.
4. On 1 August 2007, Office of the Adjutant General, Joint Force Headquarters, Latham, New York, published Orders 213-1026, announcing the applicants promotion to SFC/E-7 effective 21 June 2007.
5. On 28 September 2007, he was released from active duty for completion of required active service and reverted back to his ARNG status. He was assigned to the 727th Military Police Detachment, Poughkeepsie, New York.
6. Items 4a and 4b of the DD Form 214 the applicant was issued at the time of his separation show his rank and grade as SSG and E-6 respectively. Item 12h (Effective Date of Pay Grade) shows the entry 2007 06 21.
7. In an advisory opinion, dated 31 March 2008, obtained in the processing of this case, the Chief, Personnel Division, National Guard Bureau, Arlington, Virginia, recommended approval of the applicant's request to adjust his rank from staff sergeant to sergeant first class.
8. A copy of the advisory opinion was furnished to the applicant on 3 April 2008. The applicant concurred with the advisory opinion rendered in his case on 10 April 2008.
9. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training. It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The active duty grade or rank and pay grade at the time of separation is entered in Item 4. The effective date of promotion to the current pay grade (from the most recent promotion or reduction order) is entered in Item 12h.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows that, prior to his release from active duty, the applicant was promoted to SFC/E-7 on 21 June 2007. The applicants record is void of reduction orders prior to this separation. His effective date of pay grade is entered correctly in Item 12h of his DD Form 214; however, his rank and grade appear to have been entered incorrectly. Therefore, he is entitled to correction of his DD Form 214 to show his rank and grade as SFC/E-7.
BOARD VOTE:
__x___ _x___ __xx___ 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. deleting the entry "SSG" from Item 4a and the entry "E-6" from Item 4b of his DD Form 214, dated 28 September 2007; and
b. adding the entry "SFC" to Item 4a and the entry "E-7" to Item 4b of his DD Form 214, dated 28 September 2007.
RML
______________________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070013563
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA 22202-4508
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