IN THE CASE OF:
BOARD DATE: 25 January 2011
DOCKET NUMBER: AR20100020688
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to:
* show her rank and grade as sergeant first class (SFC)/E-7 instead of staff sergeant (SSG)/E-6
* add award of the Joint Service Commendation Medal
2. The applicant states she was promoted to SFC/E-7 on 1 February 2009 and she was given her promotion certificate as she was departing the Army. She inadvertently failed to pay attention to her rank/grade on the DD Form 214.
3. The applicant provides:
* a DD Form 214
* a certificate of promotion
* orders awarding her the Joint Service Commendation Medal
CONSIDERATION OF EVIDENCE:
1. The applicant's records show she enlisted in the Regular Army on 15 August 2000 and she held military occupational specialty 92Y (Unit Supply Specialist). She also executed a 4-year reenlistment on 13 May 2005. She was assigned to the Joint Communications Support Element, Joint Forces Command, Norfolk, VA.
2. Her records show she was promoted to SSG/E-6 on 1 January 2006.
3. She was honorably discharged on 12 May 2009. Her DD Form 214 shows she completed 8 years, 8 months, and 28 days of total active service.
4. Items 4a (Grade, Rate or Rank), 4b (Pay Grade), and 12h (Effective Date of Pay Grade) show the entries SSG, E-6, and 1 January 2006 respectively.
5. Item 13 Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show the Joint Service Commendation Medal.
6. USJFCOM Permanent Order 455-09, issued by the U.S. Joint Forces Command, Norfolk, on 11 September 2009, awarded the applicant the Joint Service Commendation Medal for meritorious service from 10 May 2006 through 12 May 2009.
7. She provides a certificate that shows she was promoted to SFC on 1 January 2009. However, her records do not contain any official orders promoting her to SFC/E-7. Additionally, her last DA Form 2166-8 (NCO [Noncommissioned Officer] Evaluation Report) for the period 29 April 2008 through 28 April 2009 listed her rank as SSG with a date of rank of 1 January 2006.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214 and states, in pertinent part, that items 4a and 4b show the active duty grade or rank and pay grade at the time of separation and are obtained from the Soldier's records (promotion or reduction orders) and item 12h shows the effective date of grade.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the Joint Service Commendation Medal which is not shown on her DD Form 214. Therefore, she is entitled to correction of her DD Form 214 to show this award.
2. The evidence of record shows the applicant was promoted to SSG/E-6 on
1 January 2006. There is no evidence in her official records that show she was promoted to SFC/E-7 prior to her discharge. She held the rank/grade of SSG/
E-6 until she was honorably discharged on 12 May 2009. Her DD Form 214 correctly shows the rank and grade she held at the time of her discharge. Notwithstanding the certificate for promotion she provided, in the absence of official promotion orders that show she was promoted to SFC/E-7, there is insufficient evidence to correct her rank/grade.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of her DD Form 214 the Joint Service Commendation Medal.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting her DD Form 214 to show her rank/grade as SFC/E-7.
___________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) AR20100020688
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ABCMR Record of Proceedings (cont) AR20100020688
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