IN THE CASE OF:
BOARD DATE: 12 June 2008
DOCKET NUMBER: AR20080004546
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of her Certificate of Release or Discharge from Active Duty (DD Form 214) to show her rank as staff sergeant, pay
grade E-6.
2. The applicant states that she was a staff sergeant, pay grade E-6 at the time of her release from active duty but that her DD Form 214 shows her as a sergeant, pay grade E-5.
3. The applicant provides copies of her DD Form 214, promotion orders and promotion certificate, and discharge orders from the United States Army Reserve.
CONSIDERATION OF EVIDENCE:
1. On 12 August 1998, the applicant enlisted in the Regular Army. She completed her initial training and was awarded military occupational specialty (MOS) 98H (Communications Interceptor/Locator).
2. Orders 001-24, United States Army Garrison-Hawaii, dated 1 January 2005, promoted the applicant to staff sergeant, pay grade E-6, with an effective date and date of rank of 1 December 2004.
3. On 26 June 2005, the applicant was released from active duty and transferred to the United States Army Reserve for duty with the 323rd Military Intelligence Battalion, Fort Meade, Maryland.
4. Item 4a (Grade, Rate, or Rank) and Item 4b (Pay Grade) of the applicants
DD Form 214 shows her as a sergeant, pay grade E-5. Item 12h (Effective Date of Pay Grade) of this same form shows 1 September 2002.
5. Orders 07-045-00015, Headquarters, Military Intelligence Readiness Command, dated 14 February 2007, discharged the applicant from the United States Army Reserve in the rank of staff sergeant.
6. In the processing of this case, an advisory opinion was obtained from the United States Army Human Resources Command, St. Louis, Missouri. It stated that an examination of the applicants records showed that she was promoted to staff sergeant, pay grade E-6 effective 1 December 2004, and that there was no evidence countermanding this promotion.
7. On 9 May 2008, the applicant concurred with the advisory opinion.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant was promoted to staff sergeant, pay grade E-6 on 1 December 2004 and that she still retained this rank at the time of her discharge from the United States Army Reserve in 2007. Furthermore, there is no evidence showing that she was reduced from the rank of staff sergeant at any time. Therefore it is reasonable to presume that the rank and pay grade shown on her DD Form 214 is in error and should be corrected.
2. In view of the above, the applicants request should be granted.
BOARD VOTE:
____X___ ___X____ ___X___ 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. showing in Item 4a and 4b of her DD Form 214 her rank and pay grade as staff sergeant, E-6; and
b. showing in Item 12h of her DD Form 214 an effective date of
1 December 2004.
__________ _ X _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070015723
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ABCMR Record of Proceedings (cont) AR20080004546
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