IN THE CASE OF:
BOARD DATE: 8 May 2012
DOCKET NUMBER: AR20110022229
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, in effect, restoration of his rank/grade to specialist (SPC)/E-4, the highest rank/grade in which he satisfactorily served while in the Army.
2. The applicant states, in effect, that:
a. the reduction to private first class (PFC)/E-3 included in the 4 May 2009 record of nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, was only supposed to last for 6 months. He never should have received the NJP as that was the first and only time he was late for physical training and he never received a verbal warning.
b. The company he was in did not treat all Soldiers fairly. He was required to do multiple weigh-ins while he was already seeing a nutritionist and slowly losing weight, while the company "looked the other way" for other overweight Soldiers. He was told that he would be barred from reenlistment no matter how much weight he lost.
c. His superiors pushed his paperwork around causing a delay in his separation date.
d. He was an honest Soldier. He spent two tours in Iraq and received numerous awards. He loved serving and fighting for his country and he deserves to have his E-4 rank back.
3. The applicant provides copies of the NJP and his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 2 April 2003. He completed training and was awarded military occupational specialty 91D (Power Generation Equipment Repairer). He reenlisted on 17 August 2007 for 4 years.
2. His Enlisted Record Brief (ERB) shows in:
a. Section III (Service Data) he was advanced to SPC with a date of rank (DOR) of 1 July 2007, and reduced to PFC with a DOR of 4 May 2009.
b. Section VIII (Awards and Decorations) the Army Commendation Medal
(2 Awards), Army Achievement Medal, Army Good Conduct Medal (2 Awards), National Defense Service Medal, Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Oversea Service Ribbon (2 Awards), Combat Action Badge, and the Driver and Mechanic Badge with Mechanic Bar.
3. On 4 May 2009, the applicant accepted NJP for failing to go to the 9 April 2009 Accountability/Physical Training Formation. His punishment included reduction to PFC/E-3, forfeiture of $929.00 pay, and extra duty for 14 days. He did not appeal the punishment
4. The applicant retired due to Temporary Disability (Enhanced) on
27 September 2011, as a PFC/E-3. His DD Form 214 shows he had completed
8 years, 5 months, and 26 days of net active duty service. The awards listed on his DD Form 214 are the same as those listed on the ERB.
5. On 15 July 2011, the Army Grade Determination Review Board (AGDRB) determined the highest grade in which he served satisfactorily was PFC/E-3.
6. Army Regulation 15-80 (Army Grade Determination Review Board and Grade Determinations) provides that:
a. A grade determination is an administrative decision to determine appropriate retirement grade, retirement pay, or other separation pay. Although a lower grade determination may affect an individual adversely, it is not punitive. The AGDRB will consider each case on its own merits. Generally, determination will be based on the Soldiers overall service in the grade in question, either on active duty or other service qualifying the soldier for service/physical disability retirement, receipt of retired pay, or separation for physical disability.
b. Service in the highest grade or an intermediate grade normally will be considered to have been unsatisfactory when caused by NJP.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant was reduced to PFC/E-3 by NJP he accepted on 4 May 2009. He did not appeal the punishment.
2. There is no available evidence to substantiate his contentions that the reduction imposed by the NJP was only for 6 months, or that he was treated unfairly.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief
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 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) AR20110010831
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110022229
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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