BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120005478
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 rank/grade as sergeant (SGT)/E-5 and award of the Army Achievement Medal (AAM).
2. He states he wants his DD Form 214 to show what his orders support.
3. He provides:
* DD Form 214
* AAM Certificate citing the permanent order number
* Headquarters, Department of the Army, Sergeant/Staff Sergeant Promotion Selection List effective 1 October 2011
CONSIDERATION OF EVIDENCE:
1. His military records show he enlisted in the Regular Army on 9 January 2008.
2. Orders 363-07 published by Headquarters, 4th Infantry Brigade Combat Team, dated 29 December 2011, promoted him to SGT/E-5 effective 1 January 2012.
3. He was honorably released from active duty on 7 February 2012 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 4 years and 29 days of creditable active service.
4. His DD Form 214 shows his rank/grade as corporal (CPL)/E-4 and shows he was awarded the AAM (3rd Award).
5. His Enlisted Record Brief, dated 7 February 2012, shows his rank as CPL.
6. His records contain an AAM Certificate showing he was awarded the AAM for meritorious service during the period 1 August 2008 to 7 February 2012 by Permanent Order Number 038-001, dated 7 February 2012.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Orders 363-07 promoted him to SGT/E-5 effective 1 January 2012. There is no evidence he was reduced in rank after that time. It is reasonable to presume that this information may not have been available at the time his DD Form 214 was generated since his promotion was only a matter of a few weeks prior to his release from active duty. As such, it would be appropriate to amend his DD Form 214 to show his rank/grade as SGT/E-5 and the effective date of his pay grade as 1 January 2012.
2. His DD Form 214 shows he received three awards of the AAM. However, his records contain only the AAM for the period 1 August 2008 to 7 February 2012. It is reasonable to presume this award is included in the three awards of the AAM shown on his DD Form 214. As such, there is an insufficient basis to amend his DD Form 214 to show an additional award of the AAM.
3. In view of the foregoing, he is entitled to have his records corrected as shown below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
_x____ __x______ ___x_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his rank/grade as SGT/E-5 and the effective date of his pay grade as 1 January 2012.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding an award of the AAM to his DD Form 214.
__________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) AR20120005478
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