IN THE CASE OF:	  

		BOARD DATE:	  10 February 2011

		DOCKET NUMBER:  AR20100021300 


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 military records to show his rank at discharge as specialist, pay grade E-4.

2.  The applicant states he believes he was wrongly demoted at the time of his discharge.  He contends that numerous other documents in his records show he was a specialist at the time of his discharge and therefore, his DD Form 214 (Certificate of Release or Discharge from Active Duty) should be corrected to show this rank.  He further contends that the error in his rank is affecting his entitlement to Department of Veterans Affairs (VA) benefits.

3.  The applicant provides copies of his DD Form 214; Enlisted Record Brief (ERB), dated 10 December 2008; reassignment orders and revocation dated 
3 September and 23 September 2008, respectively; and a memorandum, dated 26 November 2008, directing his administrative discharge.

CONSIDERATION OF EVIDENCE:

1.  On 21 June 2005, the applicant enlisted in the Regular Army.  He was awarded military occupational specialty 74D (Chemical Operations Specialist). He was subsequently assigned for duty at Fort Hood, Texas.

2.  On 14 December 2006, the applicant was advanced to specialist, pay grade E-4.  

3.  Orders 247-0115, Fort Hood, Texas, dated 3 September 2008, reassigned the applicant to the transition point, effective 4 September 2008, to be discharged.  These orders indicate that the applicant's rank at the time was private, pay 
grade E-1.

4.  Orders 267-0122, Fort Hood, Texas, dated 23 September 2008, rescinded the orders discussed in the preceding paragraph. 

5.  On 26 November 2008, the separation authority, a lieutenant general, signed a memorandum addressed to the applicant as a specialist.  In it the general stated:

	a.  an administrative separation board had been held on 19 November 2008 under the provisions of Army Regulation 635-200 [Active Duty Enlisted Administrative Separations], paragraph 14-5;

	b.  the board had recommended the applicant's separation with a characterization of service as under other than honorable conditions;

	c.  the applicant had been so notified of this action by his counsel; and

	d.   the general directed the applicant's separation with a characterization of service as under other than honorable conditions.

6.  The applicant's DD Form 214 shows he was discharged in the rank of private, pay grade E-1, effective 16 December 2008.  His date of rank is 26 November 2008.  The authority for his discharge was Army Regulation 635-200, chapter 14, due to civil conviction.

7.  The applicant's ERB, dated 10 December 2008, indicates his rank and date of rank as specialist, 14 December 2006.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  

	a.  Specific categories include convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

	b.   When a Soldier is to be discharged under other than honorable conditions, the separation authority will direct an immediate reduction to the lowest enlisted grade.
9.  The ERB is a management tool used for making decisions regarding utilization of Soldiers.  It is created during the Soldier's in-processing at the reception station.  It contains personal information, qualification skills, and assignment history.  It is corrected or updated using automated systems by personnel from the Department of the Army Human Resources Command, Finance, and the Adjutant General Corps.  Once a Soldier is discharged it is no longer maintained. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his rank as specialist, pay grade E-4, because it is affecting his entitlement to VA benefits.

2.  The available evidence clearly shows that the applicant was discharged due to misconduct and received a characterization of service under other than honorable conditions.  The governing regulation requires reduction to the lowest enlisted grade for Soldiers who are so discharged.

3.  On 26 November 2008, the separation authority informed the applicant, who was still a specialist, that he was directing his discharge based on the administrative board recommendation.  Once the separation authority approved the board's recommendation and directed the applicant's discharge, he was automatically reduced to private, pay grade E-1, in accordance with the governing regulation.

4.  The applicant's contention that because various documents in his records still showed him as a specialist on and after the date of his separation, his DD Form 214 should be corrected to reflect such rank and pay grade, is without merit.  Administrative errors on various orders and documents in his record do not necessarily negate the actions of the administrative separation board or the separation authority's directive to discharge him based on the board's recommendation.  

5.  The applicant's desire to obtain VA benefits is not a justifiable basis for changing his military records.

6.  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.



ABCMR Record of Proceedings (cont)                                         AR20100021300





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100021300



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1