IN THE CASE OF:
BOARD DATE: 29 November 2012
DOCKET NUMBER: AR20110009754
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) by amending the following:
a. Item 1 (Name (Last, First, Middle)) from S___ to Da S____;
b. Item 4a (Grade, Rate or Rank) from SGT (Sergeant) to PFC (Private First Class); and
c. Item 4b (Pay Grade) from E-5 to E-3.
2. She states her last name, rank, and pay grade were incorrectly entered on her DD Form 214.
3. She provides:
* Her DD Form 214
* A promotion document
CONSIDERATION OF EVIDENCE:
1. The applicants record contains a DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) which shows she enlisted in the U.S. Army Reserve (USAR) on 9 March 2010. Item 1 (Name) shows her last name as Da S____.
2. Her record also contains a Record of Emergency Data form and a Questionnaire for National Security Positions form; both documents show her last name as Da S____.
3. She provided a copy of a Personnel Action form which shows she was advanced to the rank/pay grade of PFC/E-3 effective 16 December 2010.
4. The applicants DD Form 214 shows she was honorably released from active duty training on 16 December 2010 after completing 4 months and 14 days of net active service. Her last name is shown as S____ and rank/pay grade are shown as SGT/E-5. Item 12i (Effective Date of Pay Grade) shows the date 2010 07 09.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. Chapter 2 contains item-by-item preparation instructions for the DD Form 214 as follows:
a. Item 1 Enter the name listed in a member's record. Enlistment contracts should be reviewed for possible name changes;
b. Items 4a and 4b Enter the rank and pay grade the member holds on the date of separation; and
c. Item 12i Enter the effective date of promotion to the current pay grade.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms in all available documents that her last name is Da S____. As such, it would be appropriate to amend item 1 of her DD Form 214 to show the correct last name.
2. The applicant was advanced to the rank/pay grade PFC/E-3 on 16 December 2010. It is apparent an error occurred at the time her DD Form 214 was prepared which listed her rank/pay grade as SGT/E-5. Therefore, she is entitled to have items 4a and 4b amended to show PFC/E-3.
3. As a result of the corrections in items 4a and 4b, item 12i should also be corrected to show the effective date of her pay grade as 2010 12 16.
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 amending her DD Form 214 as follows:
a. item 1 deleting the last name S____ and replacing it with Da S____;
b. Item 4a deleting SGT and replacing it with PFC;
c. Item 4b deleting E-5 and replacing it with E-3; and
d. Item 12i deleting 2010 07 09 and replacing it with 2010 12 16.
_______ _ _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.
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