IN THE CASE OF:
BOARD DATE: 2 JUNE 2009
DOCKET NUMBER: AR20090002032
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 that his retirement orders be corrected to show his retired grade as specialist (SPC) not private (PV1).
2. The applicant states, in effect, that he was medically retired and believes that due to an administrative error his retirement orders show an incorrect rank. He needs the orders corrected to receive his correct retired pay.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty); Headquarters, III Corps and Fort Hood,
Orders 121-0169; and a DA Form 4187E (Personnel Action).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Nebraska Army National Guard (NEARNG) as a PV1 on 7 March 2006 and served on active duty for training from 23 March 2006 through 6 September 2006. The DD Form 214 issued for this period of service lists his rank as PV1.
2. NEARNG Orders 283-011, dated 10 October 2006, ordered the applicant to active duty in support Operation Iraqi Freedom with an effective date of 12 October 2006.
3. The applicant is shown to have served in Iraq from 5 December 2006 through 27 May 2007 and that he was wounded in action on 25 May 2007 and awarded the Purple Heart.
4. A physical evaluation board (PEB) found the applicant unfit for continued service and recommended he be separated with a 40-percent service-connected disability evaluation for the loss of his left eye. The PEB listed nine additional conditions, but determined that these did not render him unfit for continued service. The PEB documents refer to the applicant as a SPC.
5. Headquarters, III Corps and Fort Hood, Orders 121-0169, dated 30 April 2008, directed that the applicant be separated from active duty for the purpose of retirement on 29 July 2008 and placed on the permanent Retired List effective 30 July 2008. These orders list the applicant's rank as a SPC in the standard name line, but show that he is to be placed on the Retired List in the grade of rank of PV1.
6. The applicant's 29 July 2008 DD Form 214 shows his rank and pay grade as SPC/E-4. It also erroneously lists his date of entry onto active duty for this period as 23 March 2006 although the other entries in block 12 (Record of Service) appear to have been correctly calculated and recorded for a date of entry of 12 October 2006.
7. The applicant's record contains orders advancing him to private/E-2 effective 30 November 2006, private first class/E-3 effective 9 April 2007, and promoting him to SPC/E-4 effective 9 July 2007.
8. The applicant's record does not contain any indication that the applicant was reduced to private/E-1 at any time.
DISCUSSION AND CONCLUSIONS:
Based on the preponderance of evidence, it appears that due to an administrative error the applicant's retirement orders incorrectly placed him on the Retired List as a PV1. It is appropriate to amend Headquarters, III Corps and Fort Hood, Orders 121-0169, dated 30 April 2008, to show the applicant was placed on the Retired List in the rank of SPC, pay grade E-4.
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 amending Headquarters, III Corps and Fort Hood, Orders 121-0169, dated 30 April 2008, to show the applicant was placed on the Retired List in the rank of SPC, pay grade E-4.
__________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.
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