RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 April 2008
DOCKET NUMBER: AR20070018288
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
Ms. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Ms. Carmen Duncan
Chairperson
Ms. LaVerne Douglas
Member
Mr. Jeffrey 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his correct rank of sergeant first class (SFC/E-7) and date of rank (DOR) of 28 August 2007.
2. The applicant states, in effect, that rank is listed as staff sergeant (SSG/E-6) on his DD Form 214 and should show his rank as SFC/E-7 with an effective date of 28 August 2007. He did not have his promotion orders with him at the time because the orders were not issued until his release from active duty (REFRAD).
3. The applicant provides a copy of his promotion orders, a copy of his military ID (Identification Card), and a certified copy of his DA Form 2-1 (Personnel Qualification Record Part II), and a copy of his DD Form 214, dated 15 September 2007, in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently a member of the Texas Army National Guard (TXARNG). He was promoted to SSG/E-6 effective 8 July 2005. He was ordered to active duty on 7 January 2007 in support of Operation Iraqi Freedom (OIF). He was released from active duty on 15 September 2007.
2. Item 4a, of his DD Form 214, dated 15 September 2007, shows the entry "SSG," item 4b, shows the entry "E06," and item 12h (Effective Date of Pay Grade), shows the entry "2005 07 08" (8 July 2005).
3. On 13 September 2007, the State Adjutant General (AG) published orders ordering the applicant to full time National Guard duty in support of OIF effective 16 September 2007, in the rank and pay grade of SSG/E-6. His current period of active duty commitment is from 16 September 2007 to 28 February 2010.
4. On 10 October 2007, the State AG published orders promoting the applicant to SFC/E-7 with an effective date and date of rank of 28 August 2007.
5. The applicant's records revealed no derogatory information.
6. Army Regulation 635-5 provides instructions for the preparation of the DD Form 214. It states, in pertinent part, that item 4a and 4b will be completed to show the active duty grade or rank and pay grade at the time of separation. It also states that item 12h (Effective Date of Pay Grade) will be completed to show the effective date of promotion to the current pay grade from the most recent promotion order or reduction instrument.
7. The same regulation 635-5 states, in pertinent part that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from Active Duty. A DD Form 214 will be prepared for members of the Army National Guard and the Army Reserve who completed 90 days or more of continuous active duty, full-time training duty, active duty support, completion of IADT which resulted in award of a military occupational specialty (MOS) or from a special duty training program tour.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was ordered to active duty in support of OIF effective 7 January 2007, in the rank and pay grade of SSG/E-6. He was released from active duty on 15 September 2007.
2. The applicant has failed to show that he was promoted to the rank and pay grade of SFC/E-7 prior to his release from active duty on 15 September 2007. Therefore, there is insufficient evidence to correct item 4a, 4b, and item 12h, of his DD Form 214, to show the entry "SFC, E07, and 2007 08 28," as requested.
3. The applicant was recalled to active duty effective 16 September 2007, with an active duty commitment from 16 September 2007 to 28 February 2010, in support of OIF, in the rank and pay grade of SSG/E-6.
4. Orders were published, by the State AG, on 10 October 2007, promoting the applicant to SFC/E-7 with an effective date and date of rank of 28 August 2007.
5. Upon release from his current active duty tour a new DD Form 214 will be issued. At that time, barring any promotions or reductions in rank, his current rank and pay grade of SFC/E-7 and effective date will be shown on his new DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__cd____ __JR ___ __LD____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_____Carmen Duncan______
CHAIRPERSON
INDEX
CASE ID
AR20070018288
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
2008
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
20070915
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100
2.
3.
4.
5.
6.
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