IN THE CASE OF:
BOARD DATE: 4 June 2009
DOCKET NUMBER: AR20090002502
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 Honorable Discharge Certificate to show his rank as a sergeant (SGT) instead of a specialist (SPC).
2. The applicant states that at the time of his discharge his rank was SGT/E-5 but his Honorable Discharge Certificate erroneously listed his rank as a SPC/E-4.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 16 July 2007; a copy of Orders 258-004, issued by Headquarters, 1st Battalion, 108th Aviation Regiment, Fort Hood, TX, on 15 September 2006, promoting him to SGT/E-5; a copy of Orders 167-001, issued by Headquarters, 1st Battalion, 108th Aviation Regiment, Fort Hood, on 16 June 2007, awarding him the Basic Aviation Badge; a copy of his DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report) for the period 20060915 to 20070622; a copy of Orders D-03-809782, issued by the U.S. Army Human Resources Command (USAHRC), St. Louis, MO, on 28 March 2008; and a copy of his Honorable Discharge Certificate, dated 25 March 2008, 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 on 6 July 2000. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 25U (Signal Support Systems Specialist). He was honorably released from active duty on
5 July 2004 in the rank/grade of SPC/E-4 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his military Reserve obligation.
2. The applicants records further show he was ordered to active duty in support of Operation Iraqi Freedom on 29 January 2006 and subsequently served in Iraq from 1 September 2006 to 26 June 2007. He was assigned to Headquarters and Headquarters Company, 1st Battalion, 108th Aviation Regiment.
3. On 15 September 2006, Headquarters, 1st Battalion, 108th Aviation Regiment, Fort Hood, published Orders 258-004 announcing the applicants promotion to SGT/E-5 effective 15 September 2006.
4. On 22 June 2007, the applicant received a "Release from Active Duty (REFRAD)" NCO Evaluation Report for the period from 15 September 2006 to 22 June 2007. This form listed his rank as a SGT and his date of rank as 15 September 2006.
5. On 28 June 2007, Headquarters, III Corps and Fort Hood, Fort Hood, published Orders 179-0158 directing the applicants release from active duty effective 16 July 2007 and transfer to the USAR Control Group (Reinforcement). The orders listed the applicants rank as SPC.
6. On 16 July 2007, the applicant was honorably released from active duty to the control of his USAR unit. The DD Form 214 he was issued shows his rank/grade as SGT/E-5.
7. On 25 March 2008, HRC-St. Louis published Orders D-03-809782 honorably discharging the applicant from the USAR and issued him an Honorable Discharge Certificate for completion of his military service obligations. Both the orders and the certificate listed the applicants grade as SPC.
8. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents. It states, in pertinent part, that the DD Form 256A (Honorable Discharge Certificate) is an authorized separation document. The DD Form 256A is issued appropriately to all Soldiers receiving an honorable discharge. In the space under this is to certify that, enter the name, typedin capital letters in signature order, followed by the grade and career branch (officer) or component (enlisted) without the Social Security Number. Spell out the component if RA; enter other components as ARNGUS or USAR. Type the name of the officer signing the certificate between the lines in the lower right corner of the certificate. Type the name in capital letters in the signature order, with grade and branch centered below the name.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that the applicant was promoted to SGT/E-5 on 15 September 2006. He served in that grade in Iraq, received an NCO Evaluation Report that rated him as a SGT/E-5, and held this grade until his release from active duty on 16 July 2007 and transfer to the USAR Control Group (Reinforcement). There is no indication in his records that he was reduced after his release from active duty on 16 July 2007 and/or prior to completion of his military service obligation on 25 March 2008. Therefore, he is entitled to correction of his discharge orders and his Honorable Discharge Certificate to show his grade as SGT.
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. amending USAHRC-St. Louis Orders D-03-809782, dated 25 March 2008, to reflect the applicant's rank as "SGT" vice "SPC"; and
b. reissuing the applicant an Honorable Discharge Certificate from the USAR on 25 March 2008 in the rank of SGT.
___________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.
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