IN THE CASE OF:
BOARD DATE: 9 December 2010
DOCKET NUMBER: AR20100012124
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 as staff sergeant (SSG)/E-6.
2. The applicant states that he received notification of his promotion after he was released from active duty.
3. The applicant provides a copy of his promotion orders and DD Form 214 in support of his request.
CONSIDERATION OF EVIDENCE:
1. On 8 March 2009, the applicant was ordered to active duty as a member of the U.S. Army Reserve in support of Operation Enduring Freedom. He held the rank of sergeant (SGT)/E-5 and served in military occupational specialty 35L (Central Intelligence Agent).
2. On 23 February 2010, Headquarters, U.S. Army Garrison, Fort McCoy, issued Orders 054-1010. These orders directed the applicant's release from active duty in the rank of SGT with an effective date of 11 March 2010.
3. U.S. Army Human Resources Command (HRC), St. Louis, published Orders B-03-001237, dated 1 March 2010. It shows the applicant was promoted to the rank of SSG with an effective date and date of rank of 30 September 2009.
4. On 11 March 2010, the applicant was honorably released from active duty by reason of completion of required service and transferred to the U.S. Army Reserve Control Group. The DD Form 214 issued at that time includes the following entries in the indicated items:
* item 4a (Grade, Rate or Rank) - "SGT"
* item 4b (Pay Grade) - "E-5"
* item 12i (Effective Date of Pay Grade) - "2006 12 01"
5. The applicant's official military personnel file contains HRC-St. Louis Orders C-10-014056, dated 4 October 2010, which show the applicant was reassigned to a troop program unit in the rank of SSG on 1 October 2010.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Paragraph 2-4h(4) states that the active duty rank and pay grade at the time of separation will be entered in item 4a and item 4b of the DD Form 214. The effective date of promotion taken from the most recent promotion order to the current pay grade will be entered in item 12i.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his rank and grade should be corrected to show SSG/E-6 on his DD Form 214.
2. By regulation, the active duty rank and pay grade at the time of separation will be entered in item 4a and item 4b of the DD Form 214 and the effective date of promotion to the current pay grade will be entered in item 12i. The evidence of record confirms the applicant was promoted to the rank and grade of SSG/E-6 on 30 September 2009 and this was the rank he held on his date of separation from active duty as evidenced by the promotion order he provides and his separation orders. Therefore, item 4a, item 4b, and item 12i of his DD Form 214 should be corrected accordingly at this time.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending the applicant's DD Form 214 by deleting the current entries in item 4a, item 4b, and item 12i; adding the entry "SSG" to item 4a, "E-6" to item 4b, and "2009 09 30" to item 12i; and by issuing a correction to his DD Form 214 to reflect these changes.
_______ _ 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) AR20100012124
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ABCMR Record of Proceedings (cont) AR20100012124
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