IN THE CASE OF:
BOARD DATE: 28 APRIL 2009
DOCKET NUMBER: AR20080019143
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 effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he was discharged in the rank and pay grade of SPC/E-4.
2. The applicant states that his DD Form 214 reflects that he was discharged in the rank and pay grade of PFC/E-3; however, while he was on terminal leave he was promoted to the rank and pay grade of SPC/E-4, before his service ended.
3. The applicant provides a copy of his DD Form 214 and a copy of his Enlisted Records Brief.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army in Boston, Massachusetts on 18 January 2006 for a period of 3 years and 25 weeks and training as a small arms/artillery repairer.
2. He completed his basic training at Fort Sill, Oklahoma and his advanced individual training (AIT) at Aberdeen Proving Ground, Maryland before being assigned to Fort Sill, Oklahoma for his first and only duty assignment. He was advanced to the pay grade of E-3 on 1 January 2007.
3. On 23 January 2008, he was honorably discharged under the provisions of Army Regulation 635-40, paragraph 4-24b (3), due to disability with severance pay. He had served 2 years and 6 days of active service and his DD Form 214 reflects that he was discharged in the rank and pay grade of PFC/E-3.
4. The applicant's Enlisted Records Brief and his Total Army Personnel Data Base records indicate that he was advanced to the pay grade of E-4 on 18 January 2008.
5. In the processing of this case a staff member of the Board contacted officials at the Defense Finance and Accounting Service (DFAS) in Indianapolis, Indiana to ascertain at what pay grade the applicant was paid at the time of his discharge. Officials at the DFAS informed the staff member of the Board that he was paid in the pay grade of E-4.
6. A review of the applicant's official records failed to show a promotion instrument which advanced the applicant to the pay grade of E-4.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should reflect his rank and pay grade as SPC/E-4 has been noted and appears to have merit.
2. Although there is no promotion instrument in his records, his personnel records indicate that he was advanced to the pay grade of E-4 on 18 January 2008 and it was confirmed telephonically that he was paid by DFAS in the pay grade of E-4.
3. Accordingly, it is reasonable to presume that the absence of his promotion orders in his records was an administrative error that caused his DD Form 214 to be prepared reflecting his rank and pay grade as PFC/E-3.
4. Therefore, it would be appropriate at this time to correct his DD Form 214 to show that he was discharged in the rank and pay grade of SPC/E-4, with a date of rank (DOR) of 18 January 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 showing that he was discharged in the rank and pay grade of SPC/E-4, with a DOR of 18 January 2008.
_______ _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) AR20080019143
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080019143
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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 | 20090001621
Paragraph 2-4 (Completing the DD Form 214) of the regulation contains item-by-item instructions for completing the DD Form 214. On 8 August 2006, the applicant placed his signature on his Preseparation Counseling Checklist acknowledging that his grade at that time was E4. c. The applicants separation orders issued on 3 August 2006, along with the amending orders issued on 11 August 2006, consistently show the applicants grade as SPC. Moreover, the Additional Instructions of the...
ARMY | BCMR | CY2008 | 20080013485
The Chief, Enlisted Board Support Branch, Promotions Division, U.S. Army Human Resources Command (HRC), St. Louis, MO, recommended the applicants DD Form 214 be corrected to reflect the applicants 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. When the commander denies promotion, he or she may promote the Soldier on the next automated Enlisted...
ARMY | BCMR | CY2011 | 20110022224
The applicant requests correction of her military records to show her correct rank. The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued at the time shows in: * Item 4a (Grade, Rate or Rank) the entry "PFC" * Item 4b (Pay Grade) the entry "E03" * Item 12i (Effective Date of Pay Grade) the entry "2009 06 11" (11 June 2009) 4. While undergoing physical disability processing, she met the requirements for promotion to SPC on 11 June 2011 and a DA Form 4187...
ARMY | BCMR | CY2012 | 20120018532
The DA Form 199 documenting the PEB Proceedings shows his rank as PFC at that time. (1) The advisory official stated the applicant enlisted in the Regular Army on 8 October 2008 for a $30,000.00 enlistment bonus. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show 5 November as his anniversary date for the purpose of bonus installment payments and paying him the $4,000.00 bonus installment he would have been due on 5...
ARMY | BCMR | CY2011 | 20110020569
The applicant requests correction of his military records to show his retired rank as specialist (SPC), pay grade E-4. He was placed on the retired list effective 30 March 2009, in the rank of SPC, pay grade E-4. Further, the Soldier will be promoted to the designated grade effective the Soldiers separation date.
ARMY | BCMR | CY2008 | 20080012154
However, based on the above evidence that shows the applicant was advanced to the pay grade of E-4, PERSCOM Orders D168-3, dated 25 August 1992, should be amended to show his retired grade and rank as SPC/E-4, with entitlement to back pay and allowances. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry in item 12h of his DD Form 214; b. amending his DD Form 214 in item 12h to add 29 July 1992; c....
ARMY | BCMR | CY2014 | 20140003939
The applicant requests correction of his Army Military Human Resource Record (AMHRR) by: a. revoking the DA Form 4187 (Personnel Action), dated 24 February 2012, which erroneously advanced him from the rank/grade of private (PV1)/E-1 to the rank/grade of private (PV2)/E-2 and removing it from his AMHRR; b. amending the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code for Military Justice (UCMJ)), dated 4 April 2012, to show he held the rank/grade of private first class...
ARMY | BCMR | CY2007 | 20070017064
The DA Form 4187-E, dated 13 December 1993, and DFAS Leave and Earnings Statement show the applicant was promoted to the pay grade of E-4 prior to his separation from active duty. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to paying the applicant for 25.5 days accrued leave if the audit of his records shows he has already been paid...
ARMY | BCMR | CY2009 | 20090001213
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his records to show that he was advanced to the rank/pay grade of specialist (SPC)/E-4 on 1 June 1986. _________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.