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ARMY | BCMR | CY2011 | 20120000481
Original file (20120000481.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  21 June 2012

		DOCKET NUMBER:  AR20120000481 


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 pay grade as E-5 vice E-3.

2.  The applicant states he was advanced to pay grade E-5 prior to his separation based upon his time in service in accordance with Army regulations.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 15 March 2006.

2.  He was awarded the Army Good Conduct Medal (1st Award) for the period 15 March 2006 to 14 March 2009 in Permanent Orders 037-919, Headquarters, U.S. Army Garrison, Fort Sam Houston, Texas, dated 6 February 2009.  His rank is shown as specialist in the standard name line.

3.  Orders 024-0101, Headquarters, III Corps and Fort Hood, Fort Hood, Texas, dated 24 January 2011, retired him due to temporary physical disability effective 12 April 2011 and placed him on the Temporary Disability Retired List effective 13 April 2011.  These orders show his retired rank as private first class (PFC).

4.  He was awarded a Certificate of Achievement for outstanding achievement while assigned as a health care specialist with the Training Support Company, 32nd Medical Brigade, dated 30 March 2011.  His rank is shown as PFC.

5.  The applicant's DD Form 214 shows he retired by reason of enhanced temporary disability effective 12 April 2011.  His DD Form 214 shows his rank as PFC and his pay grade as E-3 at the time of retirement and his effective date of pay grade as 3 December 2010.

6.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotion and reduction of Army enlisted personnel.  The promotion authority for pay grade E-5 rests with commanders in the rank of lieutenant colonel or higher.  Promotion recommended lists are maintained from which Headquarters, Department of the Army, will identify Soldiers each month for promotion selection based on their promotion board scores and military occupational specialties.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his pay grade as E-5.

2.  The applicant's record indicates he attained the rank of specialist/pay grade E-4 at some point during his first 3 years of service as evidenced by his award of the Army Good Conduct Medal.  It also appears to indicate he was reduced to PFC on 3 December 2010; however, there is no documentation in his records showing this action.

3.  There is no available evidence of record showing the applicant was promoted or recommended for promotion to pay grade E-5.  Furthermore, the applicant has not provided any documentary evidence to support his contention.

4.  In view of the above, the applicant's request should be denied.

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)                                         AR20120000481



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ABCMR Record of Proceedings (cont)                                         AR20120000481



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