IN THE CASE OF:
BOARD DATE: 27 November 2012
DOCKET NUMBER: AR20120008632
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 reinstatement of his rank/pay grade to specialist/E-4.
2. The applicant states:
* He got out as a private first class (PFC)/E-3, but he should have gotten out as a specialist
* His rank was reduced to private first class in February 2011 and he never got his rank back before he got out
* His chain of command had the paperwork for his specialist rank in January 2012
* He feels his commander wasn't doing his job because the paperwork just sat on his desk
3. The applicant provides:
* Enlisted Record Brief
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 4 April 2006 for a period of 4 years and 19 weeks. He completed training and was awarded military occupational specialty 13B (Cannon Crewmember). He served in Iraq from
27 October 2007 to 8 March 2008. He was advanced to the rank of specialist on 1 June 2009.
2. He was honorably discharged on 15 April 2012 in the rank of PFC/E-3 by reason of disability with severance pay (non-combat related).
3. Items 4a/4b (Grade, Rate or Rank/Pay Grade) of his DD Form 214 show his rank/pay grade as PFC/E3 with an effective date of pay grade as 9 February 2011.
4. There is no evidence which shows he was advanced to specialist/E-4 after
9 February 2011 or prior to his separation on 15 April 2012.
5. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) states any Soldier reduced must be fully qualified (without waiver) for promotion to the next higher grade for automatic promotion to specialist.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he got out as a PFC but he should have gotten out as a specialist.
2. It appears he was reduced from specialist/E-4 to PFC/E-3 on 9 February 2011. However, there is insufficient evidence to show his commander intended to advance him to specialist/E-4 after February 2011 and the paperwork just sat on his desk. Therefore, there is insufficient evidence on which to grant the 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) AR20120008632
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ABCMR Record of Proceedings (cont) AR20120008632
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