IN THE CASE OF:
BOARD DATE: 6 October 2009
DOCKET NUMBER: AR20090007538
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 reconsideration of an earlier request to correct her rank on her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that her DD Form 214 shows her rank as E-4 but her DA Form 2-1 (Personnel Qualification Record) shows her rank as E-5. She indicates that her E-5 rank was held back from her due to sexual harassment.
3. The applicant provides no documentary evidence in support of her request for reconsideration.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080010111, on 7 October 2008.
2. The applicant's contention that her E-5 rank was held back due to sexual harassment is a new argument which will be considered by the Board.
3. The applicant enlisted in the Regular Army on 14 October 1975. She served as a personnel records specialist and was honorably released from active duty on 13 October 1979 in the rank of specialist four/E-4 under the provisions of Army Regulation 635-200, chapter 2, at the completion of required service. She completed 4 years of creditable active service.
4. Item 4a (Grade, Rate or Rank) and Item 4b (Pay Grade) on the applicant's DD Form 214 show the entries SP4 and E-4, respectively.
5. Item 18 (Appointments and Reductions) on the applicant's DA Form 2-1 shows she was promoted to the rank and pay grade specialist four/E-4 on 19 January 1977.
6. In support of her claim, the applicant previously submitted a copy of her DA Form 2-1 which shows three entries of "Pers Rcds Sp [personnel records specialist] (E5)" in item 35 (Record of Assignments) for principal duty.
7. There are no orders which show the applicant was promoted to specialist five/E-5 prior to her discharge on 13 October 1979.
8. Army Regulation 635-5 prescribes policies and procedures regarding separation documents. This regulation prescribes that the grade, rate or rank, held by an individual at the time of their separation, will be entered in item 4a of the DD Form 214. The individual's pay grade will be entered in item 4b of the DD Form 214 in accordance with Table 2-1, DD Form 214 Preparation Instructions, which is found in this regulation.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record which shows the applicant was a victim of sexual harassment.
2. Evidence of record shows the applicant was a specialist four/E-4 at the time of her release from active duty which is properly reflected on her DD Form 214. There are no orders which show the applicant was promoted to E-5 prior to her discharge on 13 October 1979. The entries in item 35 of her DA Form 2-1 indicate she worked in an E-5 position, not that she was an E-5. In the absence of promotion orders, the entries "Pers Rcds Sp (E5)" for principal duty on the applicant's DA Form 2-1 are not sufficient as a basis for amending her DD Form 214 to show her rank as E-5.
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 to amend the decision of the ABCMR set forth in Docket Number AR20080010111, dated 7 October 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.
ABCMR Record of Proceedings (cont) AR20090007538
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ABCMR Record of Proceedings (cont) AR20090007538
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