IN THE CASE OF:
BOARD DATE: 21 August 2008
DOCKET NUMBER: AR20080010905
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, his rank on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 15 February 2007 be corrected to show captain/pay grade O3.
2. The applicant states, in effect, he was promoted to the rank of captain effective 20 January 2007.
3. The applicant provides a copy of his promotion orders to the rank of captain and his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant's military personnel record shows he previously had 2 years,
6 months, and 16 days of enlisted service in the Texas Army National Guard.
2. Headquarters, United States Army Cadet Command, Fort Monroe, Virginia, Orders 252-58-A-2273, dated 9 September 2003, ordered the applicant to active duty for a period of 3 years in the rank of second lieutenant/pay grade O1.
3. The applicant's DD Form 214 shows he entered active duty on 17 October 2003.
4. U.S. Army Human Resources Command, Alexandria, Virginia (HRC-ALEX) ORDER No. 044-064, dated 3 February 2007, promoted the applicant to captain, effective 20 January 2007.
5. On 15 February 2007, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). Item 4a (Grade, Rate or Rank) of his DD Form 214 shows he was released as a "1LT" (first lieutenant) and Item 4b (Pay Grade) shows his pay grade as O2. Item 12h (Effective Date of Pay Grade) contains the entry 2005 04 17 (17 April 2005).
6. Records at HRC-ALEX show the applicant was promoted to captain effective 20 January 2007 and he was in fact separated on 15 February 2007 in the rank of captain.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. This regulation, in pertinent part, states that the active duty grade or rank and pay grade at the time of separation will be entered in Item 4a and 4b of the DD Form 214. This regulation further provides the effective date of promotion to the current pay grade, from the most recent promotion order, be entered in Item 12h.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was separated as a captain.
2. The promotion orders and records at HRC-ALEX are sufficient evidence to correct the applicant's DD Form 214 to show he was released from active duty on 15 February 2007 as a captain/pay grade O3 and his effective date of rank was 20 January 2007 (2007 01 20).
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 amending his DD Form 214 as follows:
a. Item 4a - change to read Captain instead of 1LT;
b. Item 4b - change to read O3 instead of O2; and
c. Item 12h - change to read 2007 01 20 instead of 2005 04 17.
_______ _ 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) AR20080010905
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