BOARD DATE:	  23 May 2012

		DOCKET NUMBER:  AR20110023468 


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 awards for his service in Iraq and by amending the following:

	a.  Item 4a (Grade, Rate or Rank) – from "PV1" (Private) to "SPC" (Specialist); and

	b.  Item 4b (Pay Grade) – from "E01" to "E04."

2.  The applicant states he has a certificate showing his rank/pay grade as specialist/E-4 upon discharge.  His DD Form 214 does not reflect any awards for his service in Iraq.

3.  He provides a DD Form 215 (Correction to DD Form 214) and a DD Form 256A (Honorable Discharge Certificate). 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s 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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  His military records show he enlisted in the Regular Army on 21 June 2006.  He was awarded the military occupational specialty of 19K (M1 Armor Crewman).  

3.  His records contain a memorandum signed by his commander, on or about 13 March 2008, recommending the applicant be separated from the U.S. Army prior to expiration of his current expiration term of service.  This document indicates that during his tenure of service the applicant's promotions and dates thereof were:  private/E-2 on 21 December 2006 and private first class/E-3 on 21 June 2007.  This memorandum further states that the applicant was pending nonjudicial punishment. 

4.  Orders 091-0108 (his transition orders for discharge outprocessing), issued by Headquarters, III Corps and Fort Hood, dated 31 March 2008, show his rank as PV1.

5.  His DD Form 214 shows he was discharged on 31 March 2008.  He completed 1 year, 9 months, and 10 days of active service.  This form shows his rank/pay grade as private (PV1)/E-1.  It further shows his effective date of pay grade as 24 March 2008.  It also shows he was awarded the National Defense Service Medal, the Global War on Terrorism Service Medal, and the Army Service Ribbon.

6.  His record does not contain any documentation showing the reason for reduction to the grade of PVT/E-1; however, a review of his finance record in the Master Military Pay Account (MMPA) confirms that on 24 March 2008, the applicant was reduced to the grade of PVT/E-1.

7.  His Enlisted Record Brief (ERB) does not indicate he ever held the rank/grade of specialist/E-4.

8.  His DD Form 214 as corrected by a DD Form 215 shows he served in Iraq from 7 November 2007 through 4 January 2008.

9.  He provided a DD Form 256A which shows his rank as specialist.

10.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of Operation Iraqi Freedom.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include Iraqi Surge (10 January 2007-31 December 2008).

11.  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.  Items 4a and 4b – Enter the rank and pay grade the member holds on the date of separation. 

      b.  Item 12h – Enter the effective date of promotion/reduction to the current pay grade.

DISCUSSION AND CONCLUSIONS:

1.  He provided a DD Form 256A which shows his rank at his discharge as specialist.  However, there are no available orders or other personnel action in his records that show he ever held the rank/pay grade of specialist/E-4.  

2.  Based on his commander's statement that he was pending nonjudicial punishment, his rank as shown on Orders 091-0108, and the effective date of pay grade in item 12h of his DD Form 214, it is reasonable to presume he was reduced in rank to private/E-1 effective 24 March 2008 due to nonjudicial punishment.  Further, the MMPA confirms he was reduced to the grade of PVT/E-1 on 24 March 2008.  Therefore, it appears his rank as shown on the DD Form 256A he provided reflects an administrative error; therefore, there is an insufficient basis on which to amend his DD Form 214 to show his rank/pay grade as specialist/E-4.

3.  His records show he served in Iraq from 7 November 2007 through 4 January 2008, which is a qualifying period of service that entitles him to the Iraq Campaign Medal.  He participated in one campaign during this period of service.  Therefore, it would be appropriate to correct his DD Form 214 to show he was awarded the Iraq Campaign Medal with one bronze service star.

4.  In view of the foregoing, he is entitled to have his records corrected as shown below. 
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X___  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends the Department of the Army records of the individual concerned be corrected by   adding the Iraq Campaign Medal with one bronze service star to his DD Form 214 for the period ending 31 March 2008.

2.  The Board further determined the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show his rank/pay grade as specialist/E-4.  




      _______ _  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)                                         AR20110023468



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ABCMR Record of Proceedings (cont)                                         AR20110023468



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