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ARMY | BCMR | CY2012 | 20120021057
Original file (20120021057.txt) Auto-classification: Approved

	
		BOARD DATE:	  20 June 2013

		DOCKET NUMBER:  AR20120021057 


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 items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show sergeant (SGT)/E-5.

2.  The applicant states he was promoted to SGT/E-5 on 1 September 2012.

3.  The applicant provides:

* promotion orders
* Certificate of Promotion
* leave and earnings statement (LES)
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 26 September 2007 and he was awarded military occupational specialty 31B (military police).  He served in Iraq from 5 September 2008 to 21 August 2009 and he served in Afghanistan from 11 June 2011 to 3 June 2012.

2.  Orders 237-24, Headquarters, 2nd Brigade Combat Team, 4th Infantry Division, dated 24 August 2012, promoted him to SGT effective 1 September 2012.

3.  On 25 September 2012, he was released from active duty by reason of completion of required active service.

4.  His DD Form 214 shows in:

* item 4a – "SPC"
* item 4b – "E04"
* item 12i (Effective Date of Pay Grade) – "2009  09  26 [26 September 2009]"

5.  He provided his LES for the period 1-30 September 2012 which shows his pay grade as E-5.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was promoted to SGT effective 1 September 2012 appears to have merit.

2.  His promotion orders showing he was promoted to SGT effective 1 September 2012 and his September 2012 LES showing his pay grade as E-5 are accepted as sufficient evidence on which to amend items 4a, 4b, and 12i of his DD Form 214.

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:

	a.  deleting the entry from item 4a of his DD Form 214 and replacing it with the entry "SGT";

	b.  deleting the entry from item 4b of his DD Form 214 and replacing it with the entry "E05"; and

	c.  deleting the entry from item 12i of his DD Form 214 and replacing with the entry "2012  09  01."



      ___________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)                                         AR20120021057



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20120021057



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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