IN THE CASE OF:
BOARD DATE: 29 JULY 2008
DOCKET NUMBER: AR20080006205
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, in effect, that his rank and pay grade shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from private/E-2 (PV2) to staff sergeant (SSG)/E-6.
2. The applicant essentially states that although he was sentenced to be reprimanded, reduced to the grade of E-2, and confined for 150 days by a general court-martial, only so much of his sentence as provided for confinement for 150 days was approved.
3. The applicant provides "Member 1" and "Member 4" copies of his
DD Form 214 and the original version of his general court-martial order in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he enlisted in the Regular Army on 5 December 1995. He completed initial entry training and was awarded military occupational specialty 88K (Watercraft Operator). He spent the majority of his time in the Army at Fort Eustis, Virginia and steadily progressed in rank, with his last promotion being to SSG/E-6 on 1 February 2004. In September 2005, he was reassigned to Fort Leonard Wood, Missouri, where he was assigned as a drill sergeant.
2. On 16 May 2006, the applicant was convicted by a general court-martial of two specifications of violating a lawful general regulation by wrongfully engaging in conduct of a sexual nature with a trainee, two specifications of violating a lawful general regulation by wrongfully having personal conversations unrelated to the training mission with a trainee, and two specifications of wrongfully having sexual intercourse with a woman not his wife. He was sentenced to a reprimand, reduction to the grade of E-2, and to be confined for 150 days. He was placed in confinement at Fort Sill, Oklahoma on that day.
3. On 10 September 2006, the applicant was released from confinement, and was reassigned to the Fort Sill Personnel Control Facility.
4. On 22 November 2006, the applicant was discharged under the provisions of Chapter 14 (Separation for Misconduct), Army Regulation 635-200 (Enlisted Active Duty Administrative Separations). Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) of his DD Form 214 essentially show that his rank and pay grade at the time of his discharge was PV2/E-2. Item 12h (Effective Date of Pay Grade) of this document essentially shows that he was reduced from SSG/E-6 to
PV2/E-2 on 24 May 2006.
5. The applicant's military records contained a corrected copy of Headquarters, United States Army Maneuver Support Center and Fort Leonard Wood, Fort Leonard Wood, Missouri General Court-Martial Order Number 6, dated
10 September 2007. This order shows that only so much of the applicant's sentence as provided for confinement for 150 days was approved and ordered executed.
6. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his rank and pay grade shown on his DD Form 214 should be changed from PV2/E-2 to SSG/E-6.
2. The evidence of record clearly shows that only so much of the applicant's sentence as provided for confinement for 150 days was approved and ordered executed. As a result, it would be appropriate at this time to correct the
applicant's military records to show that his rank and pay grade remained
SSG/E-6, effective 1 February 2004, and to provide him any back pay and allowances that may be due to him as a result of this correction.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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. correcting item 4a of his DD Form 214 to read SSG, item 4b to read
E-6, and item 12h to read 2004 02 01; and
b. paying him any back pay and allowances due to him as a result of this correction.
___ XXX ___
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) AR20080006205
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ABCMR Record of Proceedings (cont) AR20080006205
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