IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120002816
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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was released from active duty (REFRAD) in the rank/grade of sergeant (SGT)/E-5 instead of specialist (SPC)/E-4.
2. The applicant states he did not get promoted before outprocessing due to stop loss. He wants to correct his records so he can enlist in the Reserves as an E-5.
3. The applicant provides:
* DD Form 214
* Defense Finance and Accounting Service (DFAS) Leave and Earnings Statement (LES) for a check dated 6 July 2011
* Orders 272-03, issued by Headquarters, 20th Engineer Brigade, Fort Bragg, NC, dated 29 September 2009
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 30 March 2006. No prior service is indicated on his enlistment contract.
2. He was discharged from the USAR DEP on 19 April 2006 and he enlisted in the Regular Army for a period of 3 years and 16 weeks on 20 April 2006. He completed training and he was awarded military occupational specialty 21B (Combat Engineer).
3. His record shows he was promoted to private first class (PFC)/E-3 on 20 April 2007 and SPC/E-4 on 1 November 2007. He served in Afghanistan from 30 October 2006 to 9 March 2007 and Kuwait/Iraq from 27 May 2009 to 25 May 2010. He was assigned to the 37th Engineer Battalion, Fort Bragg.
4. He completed the Warrior Leader Course at the Noncommissioned Officer Academy, Fort Bragg, from 1 through 16 October 2008.
5. The applicant provided orders 272-03, dated 29 September 2009, which promoted him to SGT/E-5, effective 1 October 2009. However, these orders are not filed in his official military personnel file (OMPF). Additionally, all documents in his record show he held the rank/grade of SPC/E-4 at the time of his separation, such as:
* DA Form 1695 (Oath of Extension of Enlistment), dated 21 June 2010
* SGLV Form 8286 (E) (Servicemember's Group Life Insurance Election and Certificates), dated 15 June 2010
* DD Form 2648 (Preseparation Counseling Checklist For Active Component Service Members), dated 16 June 2010
* Enlisted Record Brief (ERB), dated 1 July 2010
6. The applicant's historical personnel data residing with the U.S. Army Human Resources Command (HRC) database shows he was flagged for adverse action on 9 August 2009 and that his flag was removed on 1 February 2010 with code "AD" indicating disciplinary action was taken.
7. Orders 182-0276, issued by the U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Bragg, dated 1 July 2010, ordered the applicant to report to the U.S. Army Transition Center, Fort Bragg on 2 July 2010 for transition processing. These orders show his REFRAD date as
7 September 2010. These orders also listed his rank as "SPC."
8. He was honorably released from active duty on 7 September 2010 under the provisions of Army Regulation 635-200 (Personnel Separations Active duty Enlisted Administrative Separations) by reason of completion of required service. The DD Form 214 he was issued shows he completed 4 years, 4 months, and
18 days of creditable active service. This form also shows in:
* item 4a (Grade, Rate or Rank) - "SPC"
* item 4b (Pay Grade) - "E-4"
* item 12i (Effective Date of Pay Grade) - "2007 11 01"
9. He also submitted a copy of a DFAS LES for the period 6 July 2011 that shows he served in the USAR and his rank is shown as E-5.
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214 and states that items 4a and 4b show the active duty grade or rank and pay grade at time of separation and are obtained from the Soldier's records (promotion or reduction orders).
DISCUSSION AND CONCLUSIONS:
1. The applicant served on active duty from 20 April 2006 through 7 September 2010. His record shows he was a promotable SPC/E-4. He provides a copy of orders promoting him to SGT/E-5, effective 1 October 2009, yet, no record of this order exists in his OMPF.
2. His HRC historical personnel data shows he was flagged for adverse action on 9 August 2009 and that his flag was removed on 1 February 2010 with code "AD" indicating disciplinary action was taken. Additionally, all documents subsequent to 1 October 2009, including his service extension document, insurance certificate, pre-separation counseling, separation orders, and DD Form 214 show his rank/grade as SPC/E-4. This is an indication that those promotion orders were revoked.
3. There are many inconsistencies in his record and in the absence of additional corroborating evidence confirming his promotion prior to his release from active duty 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) AR20120002816
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ABCMR Record of Proceedings (cont) AR20120002816
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