IN THE CASE OF:	  

		BOARD DATE:	  7 July 2009

		DOCKET NUMBER:  AR20090001621 


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, correction of the rank and pay grade shown on his discharge document.

2.  The applicant states, in effect, his highest grade while in the service was sergeant (SGT)/pay grade E-5; however, his discharge document shows the grade specialist (SPC)/pay grade E-4.

3.  The applicant provides no additional documentary evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 15 May 1998.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 13B (Field Artillery Basic).  The applicant was discharged from the USAR on 1 May 2002, he enlisted in the Regular Army (RA) on 2 May 2002, and then reenlisted in the RA for a period of 4 years on
26 May 2004.

2.  Headquarters, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, Oklahoma, Orders 078-656, dated 18 March 2004, show the applicant was promoted from SPC (E-4) to SGT (E-5) effective and with a date of rank (DOR) of 1 April 2004.

3.  The applicant's Enlisted Record Brief, dated 17 August 2006, shows in Section III (Service Data), in pertinent part, that the applicant was promoted to the grade of SGT (E-5) on 1 April 2004 and he was reduced to the grade of SPC (E-4) on 2 August 2008 (sic).  Section IX (Assignment Information), in pertinent part, shows the applicant was assigned to A Battery, 95th Adjutant General Battalion (Reception), Fort Sill, Oklahoma, on 6 July 2004, in Duty MOS 13B2O (Processing Noncommissioned Officer).  This item also shows the applicant was subsequently assigned to the 241st Military Police Detachment, Fort Meade, Maryland, on 24 October 2005, in Duty MOS 31B1O (Radio Operator).

4.  A DD Form 2648 (Preseparation Counseling Checklist for Active Component Service Members) pertaining to the applicant shows in Item 3 (Grade) the entry “E4.”  This document also shows the applicant accepted preseparation counseling and he placed his signature on the document, along with the Transition Counselor, on 8 August 2006.

5.  Headquarters, U.S. Army Garrison, Fort George G. Meade, Maryland, Orders 215-0001, dated 3 August 2006, as amended by Headquarters, U.S. Army Garrison, Fort George G. Meade, Maryland, Orders 223-0002, dated 11 August 2006, show the applicant was assigned to the Fort Meade Transition Center, Fort Meade, Maryland, with a reporting date of 25 August 2006 for discharge on
25 August 2006.  The Standard Name Line of the orders show the applicant’s grade as “SPC” and the Additional Instructions, paragraph b, states, “YOU ARE AUTHORIZED DISABILITY SEVERANCE PAY IN PAY GRADE E04 [EMPHASIS ADDED] BASED ON 4 YEARS, 8 MONTHS, 10 DAYS OF SERVICE AS COMPUTED UNDER SECTION 1208, SECTION [TITLE] 10, UNITED STATES CODE.” 

6.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he enlisted in the RA on 2 May 2002 and was honorably discharged on 25 August 2006, under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(3), disability with severance pay.  At the time he had completed 4 years, 3 months, and 24 days of net active service; 4 months and 16 days of total prior active service; and 3 years, 7 months, and 1 day of total prior inactive service.  Item 4a (Grade, Rate, or Rank) contains the entry "SPC", item 4b (Pay Grade) contains the entry "E04", and item 12 (Record of Service), block h (Effective Date of Pay Grade), contains the entry "2006 08 03” (i.e., 3 August 2006).  Item 21 (Signature of Member Being Separated) shows the applicant placed his signature on the document.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File.

8.  Paragraph 2-4 (Completing the DD Form 214) of the regulation contains item-by-item instructions for completing the DD Form 214. The instructions for Item 4a (Grade, Rate or Rank) and Item 4b (Pay Grade) state to enter active duty grade or rank and pay grade at time of separation from Enlisted/Officer Record Brief.  The instructions for Item 12 (Record of Service) state, “[u]se extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  For Block h (Effective Date of Pay Grade), from the most recent promotion order (or reduction instrument), enter the effective date of promotion to the current pay grade.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests, in effect, correction of the rank and pay grade shown on his DD Form 214 with an effective date of 25 August 2006 because the highest grade he held while serving on active duty was SGT (E-5); however, his discharge document shows the grade SPC (E-4).

2.  The evidence of record shows the applicant was promoted to the grade of SGT (E-5) effective and with a date of rank of 1 April 2004.  While there are no orders or any other instrument documenting the applicant’s reduction from the grade of SGT (E-5) to SPC (E-4), the evidence of record shows the following:

	a.  The applicant's Enlisted Record Brief documents that he was reassigned from an E-5 position (i.e., Duty MOS 13B20) to an E-4 position (i.e., Duty MOS 31B1O) on 24 October 2005.  This document also indicates that the applicant was reduced from SGT to SPC, although the effective date of his reduction appears to have been incorrectly recorded (i.e., 2 August 2008). 

   b.  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 applicant’s separation orders issued on 3 August 2006, along with the amending orders issued on 11 August 2006, consistently show the applicant’s grade as “SPC.”  Moreover, the Additional Instructions of the orders, in pertinent part, state, “YOU ARE AUTHORIZED DISABILITY SEVERANCE PAY IN PAY GRADE E04 [EMPHASIS ADDED].”

   d.  The Separations Documents regulation instructs, in pertinent part, to enter the rank, pay grade, and effective date of the Soldier’s promotion/reduction to the current pay grade.

	e.  The applicant's DD Form 214 shows his rank and pay grade as SPC/E04 with an effective date of 3 August 2006.  In addition, the evidence of record indicates that the applicant was given the opportunity to review the document when he acknowledged with his signature that the information recorded on the document was accurate.  Thus, in view of all of the foregoing, it is concluded that the rank, grade, and effective date (of rank) recorded on the applicant’s discharge document is correct.  Therefore, the applicant is not entitled to correction of his DD Form 214 with an effective date of 25 August 2006.

3.  The applicant’s claim was carefully considered; however, the applicant provides insufficient evidence in support of his claim.

4.  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.

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.



      _______ _   _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)                                         AR20090001621



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ABCMR Record of Proceedings (cont)                                         AR20090001621



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