IN THE CASE OF:
BOARD DATE: 10 September 2013
DOCKET NUMBER: AR20130002773
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 vice specialist (SPC)/E-4.
2. The applicant states his DD Form 214 needs to be corrected to show his rank as SGT/E-5.
3. The applicant provides Permanent Orders 202-018, issued by the Combat Aviation Brigade, 1st Armored Division, Fort Bliss, TX, dated 20 July 2012.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 6 September 2006 and he held military occupational specialty 15N (Avionic Mechanic). He was promoted to SPC on 1 July 2008.
2. Orders 171-0014, issued by Headquarters, 1st Armored Division, Fort Bliss, dated 19 June 2012, reassigned him to the Fort Bliss Transition Center and released him from active duty effective 5 September 2012. These orders show his rank as SPC.
3. He was honorably released from active duty on 5 September 2012 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 6 years of creditable active service. The DD Form 214 he was issued at the time shows in:
* item 4a (Grade, Rate or Rank) the entry "SPC"
* item 4b (Pay Grade) the entry "E-4"
* item 12i (Record of Service Effective Date of Pay Grade) the entry
"2008 07 01"
* item 21a and b (Member Signature/Date) the applicant electronically signed (esigned) his name on 9 July 2012
* item 22a and b (Official Authorized to Sign/Date) the Transition Center official esigned his name on 9 July 2012
4. The applicant provides Permanent Orders 202-018, dated 20 July 2012, that promoted him to SGT effective and with a date of rank of 1 August 2012.
5. A review of the U.S. Army Human Resources Command Soldier Management System (SMS) shows the applicant's rank as SGT with a date of rank of 1 August 2012.
6. 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 states the DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It further states for item 12i, from the most recent promotion order, enter the effective date of promotion to the current pay grade.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant was promoted to SGT/E-5 on 1 August 2012. It appears he departed his organization on transition leave on 9 July 2012 and his DD Form 214 was prepared on that date with his rank/grade reflected as SPC/E-4. He was honorably released from active duty on 5 September 2012 and he held the rank of SGT at that time. Therefore, it would be appropriate at this time to correct his DD Form 214 as recommended below.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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:
* deleting from item 4a and b of his DD Form 214 the current the entries and replacing them with the entries "SGT" and "E-5," respectively
* deleting from item 12i of his DD Form 214 the current entry and replacing it with the entry "2012 08 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) AR20130002773
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ABCMR Record of Proceedings (cont) AR20130002773
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