BOARD DATE: 19 November 2009
DOCKET NUMBER: AR20090009779
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his discharge date as 29 June 2007 instead of 27 June 2007 and that his rank be corrected to show he was separated in pay grade E-4 instead of pay grade E-2. He also requests that his DD Form 214 be corrected to show award of the Army Commendation Medal (ARCOM) and all other authorized awards.
2. The applicant states he did not receive his ARCOM and all other authorized awards. He adds that his last pay grade was E-4, not E-2.
3. The applicant provides a DD Form 214 in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the Regular Army on 13 April 2005. He was awarded the military occupational specialty of infantryman.
2. The applicant's records contain a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), effective 26 May 2007, which shows his punishment included reduction in rank from specialist (SPC)/E-4 to pay grade E-2.
3. The applicant's records contain a 1st Cavalry Division (Rear) (Provisional) Memorandum, Subject: Separation Under Army Regulation (AR) 635-200, Chapter 5, Paragraph 5-17 (Other Designated Physical or Mental Condition), dated 18 June 2007, which indicates his rank was PV2.
4. The applicant's records contain Headquarters III Corps and Fort Hood Orders 172-0106, dated 21 June 2007, which reassigned him to the U.S. Army Transition Point for discharge processing in the rank of private (PV2)/E-2 and his date of discharge is shown as 27 June 2007.
5. The applicant's DD Form 214 shows he was honorably discharged from active duty on 27 June 2007 after completing 2 years, 2 months, and 15 days of active service with 5 months and 11 days of service in Iraq. This document shows his rank and pay grade as PV2/E2. However, the applicant's Enlisted Record Brief, dated 21 June 2007, printed from his interactive Personnel Electronic Records Management System (iPERMS) shows his rank as specialist/pay grade E-4.
6. Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Purple Heart, National Defense Service Medal, Global War on Terrorism Service Medal, Iraq Campaign Medal, and the Army Service Ribbon.
7. The applicant's records do not contain any evidence that he was ever recommended for or awarded the ARCOM or other awards by proper authority that are not already shown on his DD Form 214.
8. Army Regulation 635-5 (Separation Documents) is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. While the applicant's Enlisted Record Brief shows his rank as SPC/E-4, it appears his records that are maintained in the iPERMS may not be fully updated. As such, based on the DA Form 2627 and other available evidence the applicant was a PV2/E-2 at the time of his discharge.
2. The applicant was reduced in rank to E-2 on 26 May 2007. The order reassigning the applicant to the transition point indicates he was to be discharged on 27 June 2007 in the rank of PV2/E-2.
3. The applicant provided no orders or other evidence to corroborate his contention he was awarded the ARCOM or any other awards that are not already shown on his DD Form 214. As such, there is insufficient basis for correcting what appears to be a properly-constituted DD Form 214.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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 for correction of the records of the individual concerned.
_______ _ __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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