IN THE CASE OF:	  

		BOARD DATE:	        12 March 209

		DOCKET NUMBER:  AR20080019074 


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 he was separated in the rank/grade of private (PV2)/E-2 instead of PV1/E-1. 

2.  The applicant states that he was never demoted during his military service.

3.  The applicant did not provide any additional documentary evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted in the Regular Army for a period of 4 years in the rank/grade of PV1/E-1 on 11 February 2004.  He completed basic combat training at Fort Leonard Wood, MO, and proceeded to Redstone Arsenal, AL, for completion of advanced individual training in military occupational specialty (MOS) 55D (Explosive Ordnance Disposal Specialist).  However, his records show he did not complete 55D MOS training and was reassigned to Fort Bliss, TX, where he completed training for MOS 14J (Early Warning System Operator). 

2.  The applicant’s Enlisted Record Brief (ERB), dated 31 October 2007, shows that upon completion of MOS training, he was reassigned to 2nd Battalion, 1st Air Defense Artillery, Osan Air Force Base, Korea, in August 2005.  He returned to Fort Bliss, TX, in September 2006, and was assigned to 3rd Battalion, 1st Air Defense Artillery.
3.  Section I (Assignment Information) of the applicant’s ERB shows he had two suspension of favorable personnel actions (flagging actions) on his records.  The first was for flag code "KA" for overweight, dated 9 April 2007 and the second was for flag code "JA" for Army Physical Fitness Test (APFT) failure, dated
18 April 2007.

4.  Section III (Service Data) of the applicant’s ERB shows his rank as PV1 and his date of rank (DOR) as 11 February 2004.  His ERB does not contain an entry and/or a date of rank for advancement to PV2.

5.  The applicant’s Official Military Personnel File (OMPF) contains a Disqualification for the Good Conduct Medal memorandum, dated 7 December 2006.  The immediate commander cited the applicant’s APFT failure as the reason for his disqualification.

6.  Section III of his ERB also shows he would have been eligible for award of the Good Conduct Medal on 7 December 2009, indicating that a new eligibility period began after the date his immediate commander signed his disqualification for the Good Conduct Medal memorandum (7 December 2006).

7.  On 3 October 2007, the applicant completed his pre-separation counseling at Fort Bliss, TX.  The DD Form 2648 (Pre-separation Counseling Checklist) shows his grade as E-2.

8.  On 22 October 2007, the applicant completed his education counseling at Fort Bliss, TX.  The DA Form 669-1-R (Army Continuing Education System (ACES) Record Continuation Sheet) shows his rank/grade as PV2/E-2.

9.  On 2 November 2007, Headquarters, U.S. Army Air Defense Center and Fort Bliss, Fort Bliss, TX, published Orders 306-003, directing the applicant’s reassignment to the U.S. Army Transition Point, effective 10 February 2008, for the purpose of separation processing.  The orders show his rank as a PV1.

10.  The applicant was honorably released from active duty on 10 February 2008 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 10 February 2008.  The DD Form 214 he was issued shows he completed 4 years of creditable active military service.  Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) of this form show the entries PV1 and E-1, respectively.  Additionally, item 12h (Effective Date of Pay Grade) shows the entry “2004  02  11.”

11.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotion and reduction of Army enlisted personnel.  Section II of this regulation 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 specialist (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.

12.  Advancements to PV2, private first class (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.  A DA Form 4187 (Personnel Action) will not be used for automatic advancements.  The eligibility criteria for automatic promotion to PV2/E-2 is the completion of 6 months time in service.  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 advancement on the automatic promotion date, then a DA Form 4187 denying the advancement will be submitted not later than the 20th day of the month preceding the month of automatic advancement.  The DA Form 4187 denying the advancement  (in lieu of DA Form 268 [Report to Suspend Favorable Personnel Actions (FLAG)]) will be used by the Battalion Human Resources to initiate a flagging action transaction, using code PA as the initial reason code and input the transaction into the automated system.  This will stop an automatic promotion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should show he was released from active duty in the rank/grade of PV2/E-2.

2.  The applicant’s records contain insufficient and/or conflicting information regarding his rank/grade.  By regulation, he should have been automatically advanced to PV2 six months after his entry on active duty.  However, his promotion could have been initially blocked as a result of non-completion of MOS 55D training or subsequently blocked as a result of APFT failure and/or overweight status.

3.  Since the Board is not an investigative body and since there is a presumption regularity in that what the Army did in the applicant’s case was correct, in the absence of evidence to the contrary, there is insufficient evidence to show the applicant’s rank/grade as that of a PV2/E-2 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)                                         AR20080019074



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ABCMR Record of Proceedings (cont)                                         AR20080019074



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