IN THE CASE OF:	  

		BOARD DATE:	        13 August 2008

		DOCKET NUMBER:  AR20080009426 


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 his records to show his rank/grade as that of staff sergeant (SSG)/E-6 instead of sergeant (SGT)/E-5.  

2.  The applicant states that someone in his last unit accidently reduced him from SSG/E-6 to SGT/E-5 after his separation from the Army and that he now owes $1,016.83 as a result of this error.  He further adds that he called the Defense Finance and Accounting Service (DFAS) to dispute the debt and was told by DFAS officials that someone would look into it.  

3.  The applicant provided the following additional documentary evidence in support of her application:

	a.  Self-authored statement, dated 1 March 2008. 

	b.  DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 18 August 2006.

	c.  Letter, dated 6 March 2007 from the applicant to DFAS and response from DFAS.    

	d.  Orders 223-0102, dated 11 August 2006, Separation Orders.  




CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army for a period of 3 years on 23 September 1997.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 92G (Food Service Specialist).   His records also show he executed a series of reenlistments and/or extensions in the Regular Army, was awarded MOS 91A (Medical Equipment Repairer), and was promoted to SSG/E-6 on 1 January 2004.  

2.  On 21 June 2006, the applicant accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for assaulting a subordinate noncommissioned officer (NCO) by striking him in the face after a joking session had gone bad, on or about 3 June 2006.  His punishment consisted of reduction to SGT/E-5.  He appealed his punishment on 18 July 2006; however, his appeal was denied by the next senior commander on 8 August 2006.

3.  On 9 August 2006, the applicant requested separation from the Army, effective 18 August 2006, to accept a civilian job.  His request was approved and he was accordingly honorably discharged on 18 August 2006.

4.  Item 4a (Grade, Rate or Rank) and Item 4b (Pay Grade) of the applicant’s DD Form 214, dated 18 August 2006, show the entries SSG and E-6 respectively.  Furthermore, Item 12h (Effective Date of Pay Grade) shows the entry           “2004  01  01.” 

5.  On an unknown date in 2007, by letter, DFAS notified the applicant that he incurred a $1,016.83 debt as a result of his reduction from SSG/E-6 to SGT/E-5.

6.  On 2 March 2007, by letter addressed to DFAS, the applicant disputed the $1,082.32 debt and submitted a copy of his DD Form 214 which shows his rank/grade as that of SSG/E-6.

7.  On an unknown date in March 2007, by letter, DFAS officials notified the applicant that his pay account was re-examined and that it was determined that his principal debt balance of $1,016.83 was valid and that it resulted from his reduction to SGT/E-5 on 21 June 2007.  

8.  In his self-authored statement, dated 1 March 2008, the applicant states that he requests his records corrected.  He also adds that he served honorably from March 1996 to August 2006 and never received a negative counseling.  He was 
placed in a “stop loss” status and served in combat with the 418th Medical Logistics Company.  He describes the unit as having poor leadership and that upon his early return from Theater of Operation, some of his leaders were resentful that a decision was made to send him home early.  He out-processed the Army and started a career with a civilian company.  He was subsequently notified by DFAS of his debt due to his reduction.  He further restates the fact that he never received any negative counseling during his military career.  He believes that someone in a leadership position in his old unit wanted to “get a last jab at him” because he (the applicant) decided to separate from the Army and that someone “switched his rank from SSG to SGT.”  He concludes that his official records should show what his DD Form 214 shows, that he exited the Army as an SSG. 

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 and 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:

1.  The applicant contends that his records should be corrected to show his rank/grade as that of a SSG/E-6.  

2.  Contrary to the applicant's assertion that he never received so much as a negative counseling during his military service, the evidence of record clearly shows that the applicant accepted an Article 15 on 21 June 2006 due to assaulting another Soldier and that his punishment consisted of reduction to SGT/E-5.  It appears that the operational situation coupled with the applicant’s early separation prevented this Article 15 from entering the DFAS and other military personnel channels to adjust the applicant’s rank to SGT prior to his separation.  Nevertheless, the applicant was reduced to SGT/E-5 and should not benefit from his misconduct.  

3.  The evidence of record also shows that the applicant not only accepted the Article 15 on 21 June 2006, but also appealed his punishment to the next higher commander on 18 July 2006.  Although he did not authenticate the Article 15 to show he had seen the action taken on his appeal, the applicant was fully aware that he was reduced to SGT/E-5 prior to separation from the Army.

4.  Had the situation been reversed and the applicant was promoted from   SGT/E-5 to SSG/E-6 prior to separation, the Board would certainly honor the applicant’s request and correct his records to show his correct rank/grade.  However, in this situation, it is not the Board’s intent to make the applicant worse off than he was.  Therefore, there is no further action required with regards to the applicant's rank/grade as the applicant's records show he was discharged in the rank/grade of SSG/E-6.

5.  The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised that if he wishes to remit or cancel his debt, he should contact DFAS officials who can best advise him on the criteria and eligibility for debt remittance and/or cancellation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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.


															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)                                         AR20080009426



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ABCMR Record of Proceedings (cont)                                         AR20080009426



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