IN THE CASE OF:	  

		BOARD DATE:	        03 FEBRUARY 2009

		DOCKET NUMBER:  AR20080015668 


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 both his application and during a telephone conversation with the analyst for these proceedings on 9 January 2009, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued at the time of his discharge on 19 May 2008, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, be corrected to show that his rank and pay grade at the time of his discharge was staff sergeant (SSG)/E-6, and that his effective date of pay grade to SSG/E-6 was 1 October 2007.

2.  The applicant essentially states that his DD Form 214 incorrectly shows that he was a sergeant (SGT)/E-5 at the time of his discharge on 19 May 2008 with an effective date of pay grade to SGT/E-5 of 23 January 2008.

3.  The applicant provides his DD Form 214; orders, dated 11 October 2007, which promoted him to SSG/E-6 with a date of rank and effective date of 1 October 2007; and his leave and earnings statement (LES) for the month of January 2008 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that after having previously served in the Regular Army from 19 August 1998 to 21 January 1999, he again enlisted in the Regular Army on 6 November 2003.  He remained on active duty until he was discharged due to hardship on 19 May 2008.  He is currently a member of the Army National Guard.
2.  The applicant's DD Form 214 shows that he was serving in the rank and pay grade of SGT/E-5 at the time of his discharge on 19 May 2008, and that his effective date of pay grade to SGT/E-5 was 23 January 2008.  The applicant authenticated his DD Form 214 with his signature, attesting to the accuracy of the information contained on that form.

3.  The applicant's official military personnel file (OMPF) contained the 11 October 2007 orders provided by the applicant which show that he was promoted to SSG/E-6 with a date of rank and effective date of 1 October 2007.  Two DA Forms 1059 (Service School Academic Evaluation Report), dated 19 November 2007 and 14 December 2007, also show that his rank at the time was SSG.

4.  As part of the applicant's request for a hardship discharge, he completed a memorandum for record on 22 April 2008 and a DA Form 4187 (Personnel Action) on 28 April 2008.  These documents show that his rank and pay grade at the time was SGT/E-5.  The applicant authenticated both of these documents with his signature.

5.  The applicant's Enlisted Record Brief (ERB), dated 19 May 2008, essentially shows that he had been promoted to SSG/E-6 on 1 October 2007, but was reduced to SGT/E-5 on 23 January 2008.

6.  The applicant provides his LES for the month of January 2008, which essentially shows that the Defense Finance and Accounting Service (DFAS) indicated that he was serving in the pay grade of E-6 at the time.

7.  Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214.  It provides that for items 4a (Grade, Rate or Rank) and 4b (Pay Grade), the active duty grade or rank and pay grade at time of separation will be entered from the ERB.  This regulation also essentially provides that for item 12h (Effective Date of Pay Grade), the effective date of promotion or reduction to the current pay grade will be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show that his rank and pay grade at the time of his discharge was SSG/E-6, and that his effective date of pay grade to SSG/E-6 was 1 October 2007.

2.  While it appears that the applicant was promoted to SSG/E-6 with a date of rank and effective date of 1 October 2007, the evidence of record also appears to show that he was reduced in rank to SGT/E-5 effective 23 January 2008.  All of the documents signed by the applicant after 23 January 2008 reflect that his rank and pay grade was SGT/E-5.  The fact that the applicant provided his January 2008 LES which shows that the DFAS indicated that his pay grade was E-6 at the time was noted.  However, as it appears that the applicant was reduced on 23 January 2008, his January 2008 only reflected the pay grade of 
E-6 because the cutoff date for input to the DFAS for the month of January had clearly passed by the time he was reduced on 23 January 2008.  The analyst for these proceedings telephonically requested that the applicant provide LESs from February, March, April, and May 2008, but the applicant failed to provide those documents.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, 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.  In view of the foregoing, there is insufficient basis upon which to grant relief to the applicant in this case.

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)                                         AR20080015668



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ABCMR Record of Proceedings (cont)                                         AR20080015668



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