BOARD DATE: 10 November 2011
DOCKET NUMBER: AR20110007890
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) to show his rank/grade as specialist (SPC)/E-4.
2. The applicant states his rank/grade on his DD Form 214 incorrectly shows private first class (PFC)/E-3 and should show SPC/E-4. His date of rank to SPC was 29 March 2007 and is substantiated by the DA Form 4187 (Personnel Action) showing his advancement to SPC.
3. The applicant provides his DA Form 4187.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) in the rank/grade of PFC/E-3 on 29 September 2006. He held military occupational specialty 38D (Civil Affairs Specialist).
2. He was ordered to active duty in support of Operation Iraqi Freedom effective 26 November 2007.
3. His interactive Personnel Electronic Records Management System (iPERMS) file contains the following documents that show his rank as SPC:
a. A DA Form 4187, dated 30 January 2008, that advanced the applicant to SPC/E4 with an effective date and date of rank of 29 March 2007;
b. Permanent Orders Number 274-071, issued by Headquarters, Multi-National Division (Baghdad), dated 30 September 2008, awarding him the Combat Action Badge;
c. An Army Commendation Medal certificate referencing Permanent Orders Number 303-360, issued by the 304th Civil Affairs Brigade, dated 29 October 2008; and
d. A memorandum from the commander of the 432nd Civil Affairs Battalion, Green Bay, WI, subject: Statement of Wartime Service, dated 10 November 2008, that certifies the applicant deployed to Iraq in support of Operation Iraqi Freedom from 2 February to 9 November 2008.
4. He was honorably released from active duty on 22 November 2008 at the completion of his required active service. The DD Form 214 he was issued at the time shows he completed 3 years and 1 day of net active service this period for a total of 3 years, 7 months, and 29 days of creditable active service. It further shows in:
* item 4a (Grade, Rate or Rank) the entry "PFC"
* item 4b (Pay Grade) the entry "E03"
* item 12i (Effective Date of Pay Grade) the entry "2006 09 29"
5. There is no evidence of record that shows the applicant was reduced to PFC/E-3 prior to his release from active duty on 22 November 2008.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214 and states that items 4a and 4b show the active duty rank and pay grade at the time of separation and are obtained from the Soldier's records (promotion or reduction orders).
DISCUSSION AND CONCLUSIONS:
The applicant enlisted in the USAR in the rank/grade of PFC/E-3. He was subsequently advanced to SPC/E-4 by the proper authority with a date of rank of 29 March 2007. The evidence of record further shows he held this rank/grade until he was honorably released from active duty on 22 November 2008. As such, it appears his DD Form 214 contains an administrative error regarding his rank/grade. Therefore, it would be appropriate at this time to correct his
DD Form 214 to properly show his rank/grade as SPC/E-4 with a date of rank of
29 March 2007.
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:
a. deleting from item 4a of his DD Form 214 for the period ending
22 November 2008 the entry "PFC" and replacing it with the entry "SPC";
b. deleting from item 4b of his DD Form 214 for the period ending
22 November 2008 the entry "E03" and replacing it with the entry "E-4"; and
c. deleting from item 12h of his DD Form 214 for the period ending
22 November 2008 the entry "2006 09 29" and replacing it with the entry
"2007 03 29."
_________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) AR20110007890
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110007890
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110022224
The applicant requests correction of her military records to show her correct rank. The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued at the time shows in: * Item 4a (Grade, Rate or Rank) the entry "PFC" * Item 4b (Pay Grade) the entry "E03" * Item 12i (Effective Date of Pay Grade) the entry "2009 06 11" (11 June 2009) 4. While undergoing physical disability processing, she met the requirements for promotion to SPC on 11 June 2011 and a DA Form 4187...
ARMY | BCMR | CY2012 | 20120012844
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 May 2004 to show his rank and pay grade as specialist (SPC)/E-4. His DD Form 214 for the period ending 2 August 2002 shows in: * item 4a (Grade, Rate, or Rank) the entry "PFC" * item 4b (Pay Grade) the entry "E3" * Item 12h (Effective Date of Pay Grade)...
ARMY | BCMR | CY2010 | 20100023051
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as specialist (SPC)/E-4 instead of private first class (PFC)/E-3. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2008 | 20080013485
The Chief, Enlisted Board Support Branch, Promotions Division, U.S. Army Human Resources Command (HRC), St. Louis, MO, recommended the applicants DD Form 214 be corrected to reflect the applicants rank/grade as SPC/E-4 with an effective date of 1 July 2008, and stated that records available at his office indicated that the applicant was released from the Active Army on 10 July 2008. When the commander denies promotion, he or she may promote the Soldier on the next automated Enlisted...
ARMY | BCMR | CY2010 | 20100017569
The applicant provides: * DD Form 214 and DD Form 215 (Correction to DD Form 214) * memorandum requesting issuance of a DD Form 215 to correct his separation date * leave and earnings statement (LES) * DA Form 4187 (Personnel Action) for advancement to SPC/E-4 * Permanent Orders 035-434 for award of the Combat Action Badge * DA Form 4187 (Personnel Action) for recommendation for award of the Combat Action Badge CONSIDERATION OF EVIDENCE: 1. Some evidence of record shows he was released from...
ARMY | BCMR | CY2014 | 20140013147
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he held the rank of specialist (SPC)/pay grade E-4 when he was released from active duty (REFRAD). The instructions show for: (1) item 4a and item 4b, enter the active duty grade of rank and pay grade at time of separation, and (2) item 12, block i, enter the effective date of promotion to pay grade. There is no evidence of record that shows the applicant was promoted to SPC...
ARMY | BCMR | CY2010 | 20100010950
His Enlisted Record Brief (ERB) shows this promotion. Item 12i on his DD Form 214 shows the entry "2008 01 03" [3 January 2008]. DISCUSSION AND CONCLUSIONS: The DFAS information and the entry on the applicant's ERB which show the applicant was an E-4 effective 3 January 2010 are accepted as sufficient evidence on which to amend items 4a, 4b, and 12i on his DD Form 214.
ARMY | BCMR | CY2008 | 20080008564
IN THE CASE OF: BOARD DATE: 26 August 2008 DOCKET NUMBER: AR20080008564 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge From Active Duty) with effective date of 30 May 2006. The applicant provides his DD Form 214 and a page from his Integrated Personnel Electronic Records Management (iPERMS) record.
ARMY | BCMR | CY2008 | 20080013018
The applicant requests that Items 4a and b (Grade, Rate or Rank and Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 23 April 2008 be changed to read SGT (sergeant) and E05 instead of PFC (private first class) and E03. The applicant's military personnel record shows he initially enlisted in the Regular Army on 25 January 2001 for a period of 3 years. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2008 | 20080017814
The applicant states, in effect, that the FSM was promoted to SPC; however, a correction to his DD Form 214 (DD Form 215) was never issued to reflect this promotion. No DD Form 215 was available in the applicants personnel record. The evidence of record confirms the FSM was promoted to SPC/E-4 on 1 December 1996, in accordance with Army Regulation 600-8-19, as evidenced by the DA Form 4187, dated 7 November 1996, USASTP Memorandum, dated 10 June 1997, and orders contained in the FSM record.