IN THE CASE OF:	  

		BOARD DATE:	  4 August 2009

		DOCKET NUMBER:  AR20090004286 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) and DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to show his rank/grade as that of a sergeant first class (SFC)/pay grade E-7 instead of a staff sergeant (SSG)/E-6.  The applicant also requests correction of these forms to show his military occupational specialty (MOS) skill level as 4 instead of 3.

2.  The applicant states that these administrative errors may have occurred because the Separation Transition Point was not in possession of his promotion orders prior to rendering his separation documents.

3.  The applicant provides a copy of his promotion orders as documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 214 shows that he was a member of the Maryland Army National Guard (MDARNG).  He was ordered to active duty in support of Operation Iraqi Freedom effective 3 January 2004.  At the time of his mobiliza-tion, the applicant held the rank/grade of SSG/E-6 and primary MOS (PMOS) 98G3O (Cryptologic Linguist).  This form also indicates the applicant was scheduled to be discharged due to medical disability with severance pay effective 16 September 2005.


2.  United States Army Human Resources Command, Alexandria, Virginia, Orders A-01-601417, dated 19 January 2006, show the applicant was retained on active duty for the purpose of voluntarily participating in the Reserve Component Medical Retention Processing Program for the completion of medical care and treatment.

3.  Headquarters, MDARNG, Fifth Regiment Armory, Baltimore, Maryland, Orders 038-063, dated 7 February 2006, promoted the applicant to SFC/E7.  These orders also modified the applicant's MOS skill level by awarding him PMOS 98G4O and secondary MOS (SMOS) 18D4O and withdrawing PMOS 98G3O and SMOS 18D3O.  The effective date for these actions was 20 January 2006.

4.  A DD Form 215, dated 26 April 2006, corrected the applicant's DD Form 214 in the following manner:

	a.  Item 11 (Primary Specialty) was changed to read as 98G3O Cryptologic Linguist - 17 YRS 2 MOS//18D3O SF MEDICAL SGT - 4 YRS 2 MOS//11B3O INFANTRYMAN - 15 YRS 11 MOS;

	b.  Item 12b (Separation Date This Period) was changed to read as 
2006 02 10; and

	c.  Item 12c (Net Active Service This Period) was changed to read as
0002 01 08.

5.  Headquarters, MDARNG, Fifth Regiment Armory, Baltimore, Maryland, Orders 118-159, dated 28 April 2006, discharged the applicant from the Army National Guard and as a Reserve of the Army effective 10 February 2006.  These orders show the applicant's rank as SFC at the time of discharge.

6.  Army Regulation 611-1 (Military Occupational Classification Structure Deve-lopment and Implementation), in pertinent part, describes the direct relationship between grade and skill level.  The Soldier's skill level is awarded based solely on pay grade unless the Soldier is scheduled for or is attending MOS qualification training.  The sole criterion for each of the skill levels is the Soldier's pay grade.  For instance, privates through specialists (E-1 - E-4) hold skill level 1, sergeants (E-5) hold skill level 2, staff sergeants (E-6) hold skill level 3, sergeants first class (E-7) hold skill level 4, and master sergeants (E-8) and above hold skill level 5.  When a Soldier is promoted or reduced, their skill level is changed accordingly.  The skill level for SMOS and additional MOS (AMOS) are the same as the PMOS.


7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge  It is important that information entered on the form should be complete and accurate.  This regulation also provides:

	a.  Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) will show the active duty rank and pay grade at time of the Soldier's separation;

	b.  Item 11, will show the titles of all MOSs in which the Soldier served for at least 1 year.  For an enlisted Soldier, also specify the first five characters of the MOS code (MOSC), which includes the three characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier, if applicable.  Enter "O" when not applicable.

	c.  Item 12h (Effective Date of Pay Grade) will show the effective date of promotion to the current pay grade, as obtained from the most recent promotion order (or reduction instrument).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show his rank/grade as SFC/E-7 instead of SSG/E-6 and his MOS skill level as 4 instead of 3 were carefully considered and determined to have merit.

2.  Evidence shows official orders promoted the applicant to SFC/E7 and modified his MOS skill level by awarding him PMOS 98G4O and secondary SMOS 18D4O and withdrawing PMOS 98G3O and SMOS 18D3O, effective 20 January 2006.  Therefore, the applicant is entitled to have his DD Form 214 corrected accordingly.

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.  voiding the applicant's DD Form 215, dated 26 April 2006; and

	b.  issuing the applicant a DD Form 215 which corrects his DD Form 214 for the period ending 16 September 2005 in the following manner:

		(1)  Item 4a should read, "SFC";

		(2)  Item 4b should read, "E07";

		(3)  Item 11 should read, "98G4O Cryptologic Linguist - 17 YRS 2 MOS// 18D4O SF MEDICAL SGT - 4 YRS 2 MOS//11B4O INFANTRYMAN - 15 YRS 11 MOS";

		(4)  Item 12b should read, "2006 02 10";

		(5)  Item 12c should read, "0002 01 08"; and

		(6)  Item 12h should read, "2006 01 20."



      _______ _   _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)                                         AR20090004286





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ABCMR Record of Proceedings (cont)                                         AR20090004286



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