IN THE CASE OF:	  

		BOARD DATE:	        7 April 2009

		DOCKET NUMBER:  AR20080013485 


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 item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) from private first class (PFC)/E-3 to specialist (SPC)/E-4.

2.  The applicant states that at the time his DD Form 214 was created on 24 June 2008, the information was correct.  However, he was promoted to SPC/E-4 on 1 July 2008 and would like his correct rank/grade reflected on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 10 July 2008, and a copy of his Enlisted Record Brief (ERB), dated 22 July 2008, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army for a period of 1 year and 36 weeks on 2 November 2006 in the rank/grade of private (PV2)/E-2. He completed basic combat and advanced individual training and was awarded military occupational specialty 31B (Military Police).  He was subsequently assigned to Headquarters and Headquarters Company, Special Troop Battalion, 3d Brigade, Fort Hood, TX.

2.  The applicant’s records further show he served in Iraq from 20 May 2007 to 17 December 2007.  He was promoted to PFC/E-3 on 1 October 2007 while deployed in Iraq.
3.  Section III (Service data) of the applicant’s ERB, dated 22 July 2008, shows he was promoted to SPC/E-4 on 1 July 2008.

4.  The applicant’s records also show he was honorably separated on 10 July 2008 and subsequently enlisted in the Massachusetts Army National Guard.  The DD Form 214 he was issued shows he completed 1 year, 8 months, and 9 days of creditable active military service during this period of enlistment.  Items 4a and 4b of this form show the entries PFC and E-3 respectively and item 12h (Effective Date of Pay Grade) shows the entry "2007  10  01."

5.  An advisory opinion was obtained on 30 October 2008 in the processing of this case.  The Chief, Enlisted Board Support Branch, Promotions Division, U.S. Army Human Resources Command (HRC), St. Louis, MO, recommended the applicant’s DD Form 214 be corrected to reflect the applicant’s rank/grade as SPC/E-4 with an effective date of 1 July 2008, and stated that records available at his office indicated that the applicant was released from the Active Army on 10 July 2008.  The Automated Enlisted Advancement Report is the official instrument used by commanders to approve Active Army Soldiers for promotion to SPC/E-4.  The HRC database indicates that the applicant’s rank is SPC/E-4 with an effective date of 1 July 2008.  The Automated Enlisted Advancement Report would have been the instrument used to update the HRC records.

6.  The applicant was provided with a copy of this advisory opinion on 2 December 2008; however, he did not respond.

7.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the enlisted promotions and reductions function of the military personnel system. It states, in pertinent part, that the Automated Enlisted Advancement Report (Active Army) is the official instrument used by commanders to recommend Soldiers for promotion to SPC and below.  When the commander denies promotion, he or she may promote the Soldier on the next automated Enlisted Advancement Report, provided the Soldier is otherwise qualified.  Promotions to private/E-2, PFC, and SPC will be made automatically by the Total Army Personnel database for posting to the automated personnel file and the master military pay file.  The DA Form 4187 (Personnel Action) will not be used for automatic advancements.  The eligibility criteria for automatic promotion to SPC requirements are 24 months of time in service and 6 months of time in grade.  Soldiers must not be flagged or barred from reenlistment.  Any Soldier reduced must be fully qualified (without waiver) for promotion to the next higher grade.  If a unit commander elects not to recommend a Soldier for promotion on the automatic promotion date, then a DA Form 4187 denying the promotion will be submitted not later than the 20th day of the month preceding the month of automatic promotion.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his rank and grade should be corrected to show SPC/E-4 instead of PFC/E-3.

2.  The evidence of record shows that the applicant was promoted to SPC/E-4 on 1 July 2008.  His promotion rank and grade are shown on his ERB.  It appears that his DD Form 214 was prepared prior to his separation from the Army on 8 July 2008.  Therefore, the applicant is entitled to correction of his DD Form 214 to show his rank/grade as that of SPC/E-4 and his date of rank and effective date of rank as 1 July 2008.

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.  deleting the entries "PFC" and "E-3" from items 4a and 4b of the applicant’s DD Form 214 and adding the entries SPC and E-4 respectively; and

	b.  deleting the entry "2007  10  01" from item 12h of the applicant’s DD Form 214 and adding the entry "2008  07  01."


															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)                                         AR20080013485



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ABCMR Record of Proceedings (cont)                                         AR20080013485



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