BOARD DATE:	  16 May 2013

		DOCKET NUMBER:  AR20130005062 


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) for the period ending 20 November 2011 to show his rank/grade as sergeant (SGT)/E-5 vice specialist (SPC)/E-4.

2.  The applicant states:

	a.  He was attached to Company G, 1st Battalion, 15th Field Artillery, Korea, when he was demoted from SGT/E-5 to SPC/E-4 without any reason or paperwork.  He asked why he was demoted and he was told it was probably because he did not complete the Primary Leadership Development Course (PLDC) or the Warrior Leadership Course (WLC) and his U.S. Navy leadership school did not count.  He believes this is an error because PLDC and WLC are only required for promotion to staff sergeant (SSG)/E-6 and not for SGT/E-5.

	b.  He never received any paperwork or demotion orders.  He was just a SGT one month, then SPC the next month for pay and on his Enlisted Record Brief (ERB).  He tried all avenues to have this corrected but it ruined his military career by forcing him out due to reaching his retention control point (RCP).  He is now serving in the U.S. Army Reserve (USAR) as an SPC because that is what his orders say.  He should still be a SGT and he should never have lost his rank.

3.  The applicant provides no additional evidence.


CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted active service in the U.S. Navy, the applicant enlisted in the Regular Army (RA) in the rank of SGT on 21 August 2008 and he held military occupational specialty 91B (Wheeled Vehicle Mechanic).  On 26 June 2009, he was assigned to Company G, 302nd Combat Support Battalion, Korea.

2.  On 25 January 2010, he accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for unlawfully striking another Soldier in the face with his closed fist.  The punishment imposed was 14 days extra duty and 14 days restriction.  This DA Form 2627 (Record of Proceedings under Article 15, UCMJ) shows his rank as SGT.

3.  On or about 15 June 2010, he departed Korea and he was subsequently assigned to the Rear Detachment, 1st Battalion, 1st Armor Brigade, Fort Hood, TX.

4.  His records contain a:

	a.  DD Form 2648 (Preseparation Counseling Checklist for Active Component Service Members), dated 13 April 2011, wherein his grade is shown as E-4.  He authenticated this form by placing his signature in the appropriate block on that date.

	b.  DD Form 93 (Record of Emergency Data), dated 18 August 2011, wherein his rank is shown as SPC.  He authenticated this form by placing his signature in the appropriate block on that date.

	c.  DA Form 5960 (Authorization to Start, Stop, or Change Basic Allowance for Quarters (BAH), and/or Variable Housing Allowance (VHA)) that he completed on 3 December 2011.  He listed his rank as SPC and he authenticated this form by placing his signature in the appropriate block on that date.

5.  Orders 196-0128, issued by Headquarters, III Corps, Fort Hood, TX, dated
15 July 2011, discharged him from the RA and assigned him to the 141st Transportation Detachment, Dayton, OH, effective 20 November 2011.  These orders show his rank as SPC.

6.  His records contain an ERB, dated 18 July 2011, wherein his rank is shown as SPC and his date or rank to SPC is shown as 22 April 2010.


7.  Orders 258-0148, issued by Headquarters, III Corps, Fort Hood, TX, dated 15 September 2011, amended Orders 196-0128, that further assigned him to Headquarters and Headquarters Company, 413th Civil Affairs (CA) Battalion, Lubbock, TX.  These orders show his rank as SPC.

8.  On 20 November 2011, he was honorably discharged from the RA.  He enlisted in the USAR and he was assigned to the 413th CA Battalion, Lubbock, TX.  He completed 3 years and 3 months of net active service during this period.

9.  The DD Form 214 he was issued for this period of service shows in:

	a.  Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) the entries SPC and E-4, respectively.

	b.  Item 12i (Effective Date of Pay Grade) the entry 22 April 2010.

	c.  Item 18 (Remarks) he was entitled to full involuntary separation pay and received $30,004.11 in separation pay.

10.  He authenticated this DD Form 214 by placing his electronic signature in the appropriate block on 26 September 2011.

11.  His record is void of orders showing his reduction to SPC or the reason for his reduction.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record indicates the applicant was reduced to the rank of SPC on 22 April 2010.  Although his record is void of the specific facts and circumstances surrounding his reduction to SPC, his record contains many documents that show he held the rank of SPC after 22 April 2010.  He authenticated many of these documents by placing his signature in the appropriate block indicating the information on the documents was correct.

2.  In the absence of evidence to the contrary, it is presumed what the Army did in his case was correct and that his DD Form 214 correctly shows his rank/grade as SPC/E-4.

3.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20130005062



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ABCMR Record of Proceedings (cont)                                         AR20130005062



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