IN THE CASE OF:	  

		BOARD DATE:	        9 December 2008

		DOCKET NUMBER:  AR20080015172 


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 rank/grade on her DD Form 214 (Certificate of Release or Discharge from Active Duty) from private (PVT)/E-1 to private first class (PFC)/E-3.

2.  The applicant states that she was never officially demoted.  

3.  The applicant provides a copy of her DD Form 214, dated 12 July 2007, and a copy of her identification card, dated 9 July 2007, in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she enlisted in the Regular Army in the rank/grade of private (PV2)/E-2 for a period of 4 years on 3 November 2005.  She completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 92F (Petroleum Supply Specialist).  Her records also show she was promoted to PFC/E-3 on 3 November 2006.   

2.  The applicant’s awards and decorations include the National Defense Service Medal, the Global War on Terrorism Service Medal, the Korean Defense Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon.

3.  The applicant’s records reveal an extensive history of performance and disciplinary counseling by various members of her chain of command and a history of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice as follows:
	a.  on 11 December 2006, for being disrespectful in language towards a noncommissioned officer (NCO) on or about 15 November 2006.  Her punishment consisted of 7 days of restriction and 7 days of extra duty; 

	b.  on 2 April 2007, for unlawfully pushing another Soldier in the chest with her hands on or about 1 March 2007, and for being disrespectful in language towards an NCO by screaming at him and throwing her things on the floor on or about 1 March 2007.  Her punishment consisted of reduction to PV2/E-2 (suspended until 1 July 2007), a forfeiture of $340.00 pay for 1 month, 14 days of extra duty, and 14 days of restriction; and 

	c.  on 15 May 2007, for being disrespectful towards an NCO by yelling and throwing her M16A2 rifle on the ground on or about 15 April 2007.  Her punishment consisted of reduction to PVT/E-1, a forfeiture of $303.00 pay for 
1 month, 14 days of restriction, and 14 days of extra duty.

4.  There is no indication in the applicant’s records that she was promoted to PV2/E-2 or PFC/E-3 subsequent to her reduction on 15 May 2007.  

5.  On 26 June 2007, the applicant’s commander notified the applicant of his intent to initiate separation action against her in accordance with paragraph
14-12(b) of Army Regulation (AR) 635-200 (Personnel Separations) for a pattern of misconduct.  The specific basis of the recommendation was the applicant’s three instances of nonjudicial punishment and extensive negative counseling.  

6.  On 26 June 2007, the applicant acknowledged receipt of the commander's intent to separate her.  She consulted with legal counsel, and was advised of the basis for the contemplated separation action for misconduct, the type of discharge she could receive and its effect on further enlistment or reenlistment, the possible effects of this discharge, and of the procedures/rights that were available to him.  She waived consideration of her case by an administrative separation board and declined to submit a statement on her own behalf. 

7.  On 29 June 2007, the separation authority approved the applicant’s discharge under the provisions of chapter 14 of AR 635-200 by reason of a pattern of misconduct and directed the applicant be furnished a general, under honorable conditions discharge.  Accordingly, the applicant was discharged on 12 July 2007.  The DD Form 214 she was issued confirms she was discharged with a character of service of under honorable conditions (general).  This form further confirms that she completed 1 year, 10 months, and 8 days of creditable active military service.  Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) of her 
DD Form 214 show the entries PVT and E-1.  

8.  AR 635-200 set forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities.  Action is taken to separate a member for misconduct when it is clearly established that rehabilitation was impracticable or was unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.  However, the separation authority may direct a general discharge if such is merited by the Soldier’s overall record.  Only a general court-martial convening authority may approve an honorable discharge or delegate approval authority for an honorable discharge under this provision of regulation.

9.  AR 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  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 are entered in Items 4a and 4b the effective date of promotion to the current pay grade (from the most recent promotion or reduction order) is entered in Item 12h (Effective Date of Pay Grade).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant accepted nonjudicial punishment on 15 May 2007.  Her punishment consisted of, among other things, reduction to PVT/E-1.  There is no evidence in the applicant’s records and the applicant did not provide any substantiating evidence that shows she was promoted to 
PV2/E-2 and/or PFC/E-3 subsequent to this reduction and prior to her discharge. 

2.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  Therefore, the applicant is not entitled to relief.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  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)                                         AR20080015172



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080015172



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1