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ARMY | BCMR | CY2011 | 20110000081
Original file (20110000081.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  26 July 2011

		DOCKET NUMBER:  AR20110000081


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 November 2010 to show he was a sergeant (SGT/E-5).

2.  The applicant states he was an SGT when he entered active duty for training and that is his current rank.

3.  The applicant provides:

* his DD Form 214
* a DA Form 1059 (Service School Academic Evaluation Report (AER)), dated 17 November 2010
* page 1 of his DD Form 4/1 (Enlistment/Reenlistment Document) pertaining to his enlistment on 3 September 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant is a U.S. Army Reserve (USAR) SGT serving on active duty.

2.  The applicant's DD Form 214 for the period ending 17 November 2010 shows in:

* Block 4a (Grade, Rate or Rank) the entry "PV2" [private]
* Block 4b (Pay Grade) the entry "E02"
* Block 12i (Effective Date of Pay Grade) the entry "2009  09  03"
3.  The following additional evidence related to his rank/grade was provided by the applicant or found in the applicant's Official Military Personnel File (OMPF) on the interactive Personnel Electronic Records Management System (iPERMS) as follows:

* on his AER, his grade is shown as "E-5"
* on his DD Form 4/1 of 3 September 2009he was a SGT/E-5
* on the DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States) for his enlistment on 3 September 2009he was a SGT/E-5 with a date of rank of 3 September 2009
* on Orders 10-355-00004, issued by the Military Intelligence Readiness Command, Fort Belvoir, VA, dated 21 December 2010, he is listed as a SGT
* on his DA Form 2A (Personnel Qualification Record (PQR)), dated
15 January 2011, he is listed as a SGT/E-5 with a date of rank of 3 September 2001 (sic) [a typographical error, should be 3 September 2009]
* a DA Form 2166-8 (NCO (Noncommissioned Officer) Evaluation Report(NCOER)) for the period from 3 September 2009 through 11 June 2010, he is shown as a SGT with a date of rank of 3 September 2001 (sic) [a typographical error, should be 3 September 2009]

4.  There are no records of administrative or nonjudicial reductions in rank in the applicant's OMPF on iPERMS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR on 3 September 2009 as a SGT/E-5 with a date of rank of 3 September 2009

2.  All available evidence contained in the applicant's OMPF shows his rank as SGT/E-5 with his date of rank as of his enlistment (3 September 2009).

3.  A PQR and an NCOER show his rank/grade as SGT/E-5, but mistakenly show his date of rank as 3 September 2001.

4.  There is no evidence the applicant was reduced while on active duty during the period 11 June 2010 through 17 November 2010, so that would not account for his DD Form 214 showing he was a PV2/E-2.  Furthermore, his DD Form 214 lists his date of rank as 3 September 2009, not some intermediate date between 11 June and 17 November 2010, which lends further credence to his rank/grade being in error on his DD Form 214.


5.  In view of the foregoing, his DD Form 214 should be corrected as recommended below.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 deleting from Block 4a and 4b of his DD Form 214 for the period ending
17 November 2010 the entry "PV2 and E-2" and replacing it with the entry "SGT and E-5," respectively.



      ___________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)                                         AR20110000081



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ABCMR Record of Proceedings (cont)                                         AR20110000081



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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