BOARD DATE: 4 September 2012
DOCKET NUMBER: AR20120004587
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 the DD Form 214 (Certificate of Release or Discharge from Active Duty) of her deceased former husband, a former service member (FSM), to show his rank/grade as sergeant first class (SFC)/E-7 instead of staff sergeant (SSG)/E-6.
2. The applicant states the court-martial convening authority approved only so much of the FSM's court-martial sentence as provided for reduction to SFC/E-7.
3. The applicant provides:
* FSM's death certificate
* general power of attorney
* Special Court-Martial Order Number 1
* action by the court-martial convening authority
* DD Form 214
* durable power of attorney
CONSIDERATION OF EVIDENCE:
1. The FSM enlisted in the Regular Army on 28 October 1988. He served through multiple reenlistments in a variety of stateside and overseas assignments and he was promoted to master sergeant (MSG)/E-8 on 1 January 2008.
2. On 21 September 2010, he was convicted by a special court-martial of various charges/specifications of violating general regulations, fraternization, disobeying lawful orders, driving a vehicle while intoxicated, adultery, and other misconduct. The court sentenced him to reduction to SSG/E-6.
3. On 20 October 2010, the Installation Management Command-Europe Vilseck Transition Center published Orders 293-0001 releasing him from active duty effective 31 October 2010 and placing him on the Retired List in the rank/grade of SSG effective 1 November 2010.
4. He was honorably retired on 31 October 2010 and placed on the Retired List in the rank/grade of SSG/E-6. His DD Form 214 shows:
* item 4a (Grade, Rate, or Rank) "SSG"
* item 4b (Pay Grade) "E-6"
* item 12i (Effective Date of Pay Grade) "2010 10 05 [5 October 2010]"
5. On 6 January 2011, the convening authority approved only so much of the FSM's sentence as provided for reduction to the rank/grade of SFC/E-7.
DISCUSSION AND CONCLUSIONS:
The FSM was convicted by a special court-martial that sentenced him to a reduction to SSG/E-6. He retired shortly thereafter in that rank/grade. However, when the convening authority approved the sentence, he approved only so much of the sentence as provided for reduction to SFC/E-7. As such, the FSM is entitled to correction of his records to show he retired and was placed on the Retired List in the rank/grade of SFC/E-7.
BOARD VOTE:
___x_____ __x______ __x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
* amending Orders 293-0001 issued by the Installation Management Command-Europe Vilseck Transition Center on 20 October 2010 to show the FSM was released from active duty on 31 October 2010 and placed on the Retired List on 1 November 2010 in the rank/grade of SFC/E-7
* deleting the entries "SSG" and "E-6" from items 4a and 4b of his DD Form 214 and replacing them with the entries "SFC" and "E-7," respectively
__________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) AR20120004587
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