IN THE CASE OF:
BOARD DATE: 11 August 2009
DOCKET NUMBER: AR20090003359
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank/pay grade as sergeant (SGT)/E-5.
2. The applicant states that he was discharged from active duty prior to receiving his promotion orders.
3. The applicant provides a copy of his DD Form 214 and promotion orders.
CONSIDERATION OF EVIDENCE:
1. The applicants records show he was a member of the Pennsylvania Army National Guard (PAARNG) and he was ordered to active duty on 19 September 2008 in support of Operation Iraqi Freedom. He was honorably released from active duty and returned to his PAARNG unit on 8 January 2009.
2. The applicant's DD Form 214 lists his rank and pay grade in items 4a and 4b as specialist (SPC)/E-4. Item 12h (effective date of pay grade) shows 25 August 2006.
3. The applicant provided a copy of Commonwealth of Pennsylvania, Department of Military and Veteran Affairs Orders 342-1017, dated 8 December 2008. These orders show the applicant was promoted to SGT/E-5, effective
8 December 2008. The statement of "Soldier promoted while deployed" is listed on the orders. These orders were not contained in the applicants military personnel file.
4. The Integrated Personnel Electronic Records Management System and the applicant's Personnel Qualification Record show his rank/pay grade as SGT/E-5 with a date of rank of 8 December 2008.
5. Army Regulation 635-5 (Personnel Separations) provides guidelines for the preparation of the DD Form 214. Paragraph 2-9 instructs the preparer to enter in items 4a/4b the rank/pay grade in which serving at the time of separation.
DISCUSSION AND CONCLUSIONS:
The available evidence shows the order promoting the applicant to the rank/pay grade of SGT/E-5 was dated 8 December 2008 and his DD Form 214 was issued on 8 January 2009. It appears the promotion order was not received early enough to be annotated on the applicants DD Form 214. Therefore, in the interest of justice, it would be appropriate to correct his records to show his promotion to SGT/E-5 with an effective date of rank of 8 December 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 his rank/pay grade as SGT/E-5 and his date of rank as 8 December 2008.
_______ _ _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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