IN THE CASE OF:
BOARD DATE: 10 May 2012
DOCKET NUMBER: AR20110022939
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) to show in item 4a (Grade, Rate, or Rank) major (MAJ) vice captain (CPT).
2. She states her promotion orders show her new date of rank as 1 November 2011.
3. She provides:
* her DD Form 214
* Orders
* Officer Record Brief (ORB)
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows she was commissioned as an officer in the Regular Army on 28 May 2002.
2. Order Number 285-032, issued by Headquarters, U.S. Army Human Resources Command, Fort Knox, KY, dated 12 October 2011, show she was promoted to MAJ with a date of rank and effective day of 1 November 2011.
3. On 1 November 2011, she was released from active duty and transferred to the U.S. Army Reserve (USAR). The DD Form 214 she was issued shows in:
a. Item 4a the entry CPT;
b. item 4b (Pay Grade) the entry O03; and
c. item 12i (Effective Date of Pay Grade) the entry 1 September 2005.
4. She is currently serving in the USAR in the grade of MAJ. Section III (Service Data) of her ORB shows her date of rank to MAJ as 1 November 2011.
5. Army Regulation 350-100 (Officer Active Service Obligations), paragraph 2-5 states in pertinent part that a commissioned officer who accepts a promotion does not incur an active duty service obligation.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, provided instructions for the preparation of the DD Form 214. The regulation states, in pertinent part, that items 4a, 4b, and 12i would list the rank, pay grade, and the effective date of the individual's promotion or reduction to the rank and pay grade in which the individual was serving on the effective date of separation.
DISCUSSION AND CONCLUSIONS:
Orders show the applicant was promoted to MAJ on 1 November 2011. Therefore, she is entitled to have her DD Form 214 corrected to show her grade as MAJ, pay grade as O04, and effective date of pay grade as 1 November 2011.
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 the following from her DD Form 214 in:
(1) item 4a "CPT";
(2) item 4b O03; and
(3) 2005 09 01.
b. adding the following to her DD Form 214 in:
(1) item 4a MAJ;
(2) item 4b O04; and
(3) item 12i 2011 11 01.
_______ _ _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) AR20110022939
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ABCMR Record of Proceedings (cont) AR20110022939
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