IN THE CASE OF:
BOARD DATE: 18 April 2012
DOCKET NUMBER: AR20120005317
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her pay grade as O3E.
2. The applicant states she served as an enlisted Soldier from 5 June 2001 to
15 September 2005, a period of more than 4 years. She was commissioned as a second lieutenant on 16 September 2005.
3. The applicant provides copies of her
* DD Form 214 ending on 3 January 2011
* DD Form 215 (Correction to DD Form 214)
* DD Form 214 ending on 15 September 2005
CONSIDERATION OF EVIDENCE:
1. The applicant's records show she enlisted in the Regular Army on 5 June 2001 and held military occupational specialty 91D (Operating Room Specialist). On 15 September 2005, she was discharged for the purpose of accepting a commission in the U.S. Army. She had completed 4 years, 3 months, and
11 days of creditable active duty service as an enlisted member of the U.S. Army.
2. On 16 September 2005, the applicant was appointed as a second lieutenant, Army Nurse Corps, with concurrent call to active duty.
3. On 1 November 2008, the applicant was promoted to captain, pay grade O3.
4. On 3 January 2011, the applicant was discharged due to miscellaneous/ general reasons. She had completed 4 years and 19 days of creditable active duty service as a commissioned officer.
5. Items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) of her DD Form 214 shows her rank as captain and her pay grade as O3.
6. Department of Defense financial Management Regulation, dated January 2010, volume 7A, chapter 1, states: "Effective 20 May 1958, commissioned officers in pay grades O-1, O-2, or O-3 who are credited with over 4 years of prior service as an enlisted member are entitled to the special rate of basic pay for pay grade O-1E, O-2E, or O-3E."
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states:
a. that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training;
b. that the DD Form 214 will be prepared for all personnel at the time of their discharge; and
c. that the active duty rank and pay grade at the time of separation is to be entered in items 4a and 4b.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her DD Form 214 should be corrected to show her pay grade as O3E based on her prior years of enlisted service.
2. The evidence of record clearly shows that the applicant did indeed serve for more than 4 years on active duty as an enlisted soldier. Accordingly, she was entitled to a pay rate that accounted for this enlisted service. However, the DD Form 214 does not provide for showing specific rates of pay; but, rather, only allows for showing the Soldier's rank and corresponding pay grade. In the applicant's case, she was a captain, pay grade O-3 at the time of her separation from active duty. This data was correctly entered on her DD Form 214.
3. 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 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) AR20120005317
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