IN THE CASE OF:
BOARD DATE: 24 March 2009
DOCKET NUMBER: AR20080018223
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as specialist (SPC), pay grade as E-4, and date of rank (DOR) as 7 September 2004.
2. The applicant states that his rank, pay grade and DOR are incorrect on his DD Form 214.
3. The applicant provides, in support of his application, copies of his DD Form 214, separation orders with amendment, and a memorandum from the Chief, Transition Center, Fort Campbell, Kentucky, requesting a correction of the applicant's DD Form 214.
CONSIDERATION OF EVIDENCE:
1. On 7 May 2002, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 15Q (Air Traffic Controller/Operator).
2. Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Orders 044-0607, Fort Campbell, Kentucky, dated 13 February 2007, reassigned the applicant to the transition point for the purpose of separation. These orders identified the applicant as a private first class (PFC).
3. On 6 May 2007, the applicant was released from active duty due to completion of required service. He had completed 5 years of creditable active duty service.
4. Item 4a (Grade, Rate, or Rank) of the applicant's DD Form 214 shows "PFC." Item 4b (Pay Grade) of this same document shows "E-3." Item 12h (Effective Date of Pay Grade) shows "7 May 2002."
5. Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Orders 141-0605, Fort Campbell, Kentucky, dated 20 May 2008, amended Orders 044-0607, shown above, to correct the applicant's rank to SPC.
6. On 20 May 2008, the Chief, Transition Center, Fort Campbell, Kentucky, requested a correction of the applicant's DD Form 214 to show in item 4a his rank as SPC, in item 4b his pay grade as E-4, and in item 12h his effective date of pay grade as 7 September 2004. There is no evidence showing that his action was ever completed.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his rank, pay grade, and effective date of pay grade were incorrectly entered on his DD Form 214.
2. The applicant's separation orders, as amended, along with the memorandum from the Chief, Transition Center, Fort Campbell, Kentucky, sufficiently show that his DD Form 214 should be corrected to show him as an SPC, pay grade E-4, with an effective date of pay grade of 7 September 2004.
3. In view of the above, the applicant's request should be granted.
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. showing in item 4a of his DD Form 214, "SPC,"
b. showing in item 4b of his DD Form 214, "E-4," and
c. showing in item 12h of his DD Form 214, "2004 09 07."
__________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) AR20080018223
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080018223
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2005 | 20050017585C070206
In pertinent part, the instructions for completing Item 4 state to enter the active duty grade or rank and pay grade at the time of separation. The evidence of records shows that the applicant was promoted to the grade of rank of SGT/E-5, effective and with a date of rank of 1 December 2004. The evidence of record shows that the applicant was promoted to the grade of rank of SGT/E-5, effective and with a date of rank of 1 December 2004.
ARMY | BCMR | CY2006 | 20060009113
x The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to show her correct rank in item 4a (Grade, Rate or Rank). Headquarters, 81st Regional Support Command, Birmingham, Alabama Orders 03-132-00015, dated 12 May 2003, promoted the applicant from SGT to SSG with an effective date and date of rank (DOR) of 9 May 2003.
ARMY | BCMR | CY2015 | 20150000378
Application for correction of military records (with supporting documents provided, if any). This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. ABCMR Record of Proceedings (cont) AR20150000378 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of...
ARMY | BCMR | CY2011 | 20110002860
The applicant contends that his DD Form 214 should be corrected to show he was promoted to LTC/O-5 and retired from active duty in that grade because orders were issued promoting him to LTC while he was on transition leave and prior to his separation date. Records show that USAHRC issued orders promoting the applicant to LTC/O-5 effective 1 December 2009. The evidence of record shows that in order to retire in the rank/grade of LTC/O-5, an officer must satisfactorily serve in the new...
ARMY | BCMR | CY2007 | 20070002005
The applicant's military service records contain a copy of Headquarters, Alpha Detachment, 22nd Personnel Services Battalion, Fort Lewis, Washington, Orders 290-060, dated 17 October 2006, that show the applicant was promoted from SPC to SGT, in MOS 15T2O, effective and with a date of rank of 1 October 2006. The applicant's military service records are absent any reduction document or instrument that would account for a change in rank from SGT to SPC during the period 1 October 2006 through...
ARMY | BCMR | CY2010 | 20100023051
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as specialist (SPC)/E-4 instead of private first class (PFC)/E-3. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2013 | 20130018332
The evidence of record shows the applicant was promoted to the rank/grade of SGT/E-5, effective 1 June 1987. The evidence further shows he was released from active duty on 22 June 1987, only 22 days after his effective date of promotion. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting the current entry in item 4a of his DD Form 214 and replacing it with "SGT" * deleting the current entry in item 4b of his DD...
ARMY | BCMR | CY2008 | 20080017814
The applicant states, in effect, that the FSM was promoted to SPC; however, a correction to his DD Form 214 (DD Form 215) was never issued to reflect this promotion. No DD Form 215 was available in the applicants personnel record. The evidence of record confirms the FSM was promoted to SPC/E-4 on 1 December 1996, in accordance with Army Regulation 600-8-19, as evidenced by the DA Form 4187, dated 7 November 1996, USASTP Memorandum, dated 10 June 1997, and orders contained in the FSM record.
ARMY | BCMR | CY2001 | 2001060679C070421
Item I1, Section I, Enlisted Records Brief, prepared on 12 April 2001 shows applicant’s rank and Date of Rank (DOR) as: SPC 19960615. His DD Form 214 correctly shows his rank as PFC; however, the date of rank shown in item 12h is not correct. The date of rank shown on the DD Form 214 is that for the former rank of Specialist Four held by the applicant before he received nonjudicial punishment.
ARMY | BCMR | CY2009 | 20090007674
The applicant requests that items 4a (Grade, Rate or Rank) and 4b (Pay Grade) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show sergeant/E-5; that item 11 (Primary Specialty) be corrected to show military occupational specialty (MOS) 19D2O; and that item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) be corrected to show the Purple Heart, the Army Commendation Medal with "V" Device with First Oak Leaf...