IN THE CASE OF:
BOARD DATE: 19 July 2012
DOCKET NUMBER: AR20120001838
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 change of item 4a (Grade, Rate, or Rank) of his
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as corporal (CPL) instead of specialist (SPC).
2. The applicant states his promotion to CPL was not properly input by a civilian worker at the time of his separation.
3. The applicant provides a DA Form 4187 (Personnel Action) showing lateral appointment to CPL, dated 2 July 2008.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 12 July 2007. He was trained in and awarded military occupational specialty (MOS) 19D (cavalry scout).
2. The applicant's official military personnel file (OMPF) in the interactive Personnel Electronic Management System (iPERMS) is void of promotion orders for the pay grade of E-4. All documents and orders in the OMPF list the applicants rank as SPC. This includes a DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 3 March 2009, and separation orders, dated
31 March 2009.
3. On 21 May 2009, the applicant was honorably discharged by reason of disability, severance pay after completing 1 year, 10 months, and 10 days of creditable active military service.
4. The DD Form 214 he was issued at the time lists his rank as SPC in item 4a. The applicant authenticated this document with his digital signature on the date of his separation. There is no indication he questioned the rank title listed on his DD Form 214 at the time.
5. The applicant provides a DA Form 4187, dated 2 July 2008, that shows he was recommended for lateral appointment to CPL effective 2 July 2008. This
DA Form 4187 was signed by a command sergeant major (CSM).
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The regulation stipulates the rank title held on the date of separation will be entered in item 4a.
7. Army Regulation 614-200 (Enlisted Assignments and Utilization Management), in effect at the time, provides guidance on the selection of enlisted Soldiers for assignment, utilization, reclassification, details, transfers, and training. Paragraph 3-14 (Lateral appointments) states:
a. Commanders (O-5 and above) may authorize lateral appointments of SPC to CPL without local selection board action provided the Soldier concerned is assigned to an authorized (documented) noncommissioned officer (NCO) position in their career progression military occupational specialty.
b. Lateral appointment will be announced by either DA Form 4187 or informal memorandum. DA Form 4187 or informal memorandum will be the only announcement of the lateral appointment.
c. Soldiers appointed to CPL will retain the grade when reassigned from the NCO position, including permanent change-of-station moves. However, the unit commander may laterally appoint CPL to SPC without the Soldier's consent.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct the rank title in item 4a of his DD Form 214 has been carefully considered. However, by regulation the rank title held on the date of separation will be entered on the DD Form 214.
2. The evidence of record indicates the applicant held the rank title SPC on the date of his separation, as indicated in the DA Form 199 and separation orders on file in his OMPF.
3. The applicant provides a DA Form 4187 that shows he was recommended for lateral appointment to CPL effective 2 July 2008 by a CSM. However, there is no evidence of record and the applicant did not provide any evidence that shows the lateral appointment to CPL was approved by the appropriate authority.
4. In view of the foregoing, there is an insufficient evidentiary 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 that 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) AR20120001838
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ABCMR Record of Proceedings (cont) AR20120001838
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