Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130008932
Original file (20130008932.txt) Auto-classification: Denied

		
		BOARD DATE:	  6 February 2014

		DOCKET NUMBER:  AR20130008932 


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/pay grade as specialist four (SPC)/E-4.  He also requests all back pay and allowances. 

2.  The applicant states that:

* there was a clerical error in regard to his rank
* he held the rank/pay grade of SPC/E-4 at the end of his active duty enlistment
* his Guard unit received paperwork stating he was a private (PVT)/E-1
* he never received an Article 15 or a demotion (reduction)
* he wants all associated back pay and allowances

3.  The applicant provides: 

* his DD Form 214
* his Enlisted Record Brief (ERB), dated 29 March 2012
* a DA Form 4187 (Personnel Action)
* a DA Form 5691-R (Request for Reserve Component Assignment Orders) 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 13 May 2009.


2.  The applicant's ERB:

   a.  dated 29 March 2012, shows in Section III (Service Data), his dates of rank as:

		(1)  PVT/E-1 - 13 May 2009; 

		(2)  PV2/E-2 - 13 November 2009; 

		(3)  private first class (PFC)/E-3 - 1 July 2010; and 

		(4)  SPC/E-4 - 1 September 2011. 

	b.  dated 16 April 2012, shows in Section III, his dates of rank as:

		(1)  PVT/E-1 - 15 March 2012; 

		(2)  PV2/E-2 - 13 November 2009; 

		(3)  PFC/E-3 - 1 July 2010; and  

		(4)  SPC/E-4 - 1 September 2011.

3.  He submitted a DA Form 5691-R, dated 16 April 2012, which indicates he held the rank/pay grade SPC/E-4 when he submitted his request for enlistment into the Army National Guard. 

4.  On 6 July 2012, the applicant was honorably released from active duty and transferred to the Tennessee Army National Guard.  His DD Form 214 shows in:

* item 4a (Grade, Rate, or Rank) PV1
* item 4b (Pay Grade) E01
* item 12i (Effective Date of Pay Grade) 15 March 2012

5.  He submitted a DA Form 4187, dated 17 July 2012, which shows in item 8 of his DD Form 4/1 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) was changed to show his pay grade as E-1 vice E-4.

6.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant's Master Military Pay Account (MMPA) shows he was reduced from E-4 to E-1, effective 15 March 2012.  

7.  Army Regulation 635-5 (Separation Documents) provides that 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.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant submitted evidence showing his date of rank to SPC/E-4 was 
1 September 2011.  However, his MMPA at DFAS shows he was reduced to PVT/E-1 effective 15 March 2012.

2.  In addition, the applicant's record shows he held the rank/pay grade PVT/E-1 with a date of rank of 15 March 2012 on his effective date of separation from the Army.  The applicant's record does not show he was advanced prior to separation from active duty on 6 July 2012.  In the absence of evidence to the contrary, it is concluded that the applicant's separation document for the period ending 6 July 2012 is correct.

3.  In view of the foregoing, there is no basis to grant 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)                                         AR20130008932



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130008932



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110019880

    Original file (20110019880.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 26 April 2012 DOCKET NUMBER: AR20110019880 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He states his DD Form 214 is in error because item 12h (Effective Date of Pay Grade) shows the correct date he was promoted to SPC/E-4. Accordingly, he was retired on 10 April 2009 in the grade of PVT/E-1 (item 12h incorrectly shows the effective date of pay grade as 1 July 2008).

  • ARMY | BCMR | CY2012 | 20120022965

    Original file (20120022965.txt) Auto-classification: Denied

    The applicant provides: * Orders 262-0196 (retirement) and Orders 271-0100 (amendment) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Dismissal of charges memorandum and acknowledgement memorandum * Multiple DA Forms 4187 (Personnel Action) of absent without leave (AWOL), present for duty (PDY), and deletion of erroneous entries * Standard Form (SF) 600 (Chronological Record of Medical Care) * Department of Veterans Affairs (VA) Disability Evaluation System Proposed...

  • ARMY | BCMR | CY2011 | 20110020569

    Original file (20110020569.txt) Auto-classification: Denied

    The applicant requests correction of his military records to show his retired rank as specialist (SPC), pay grade E-4. He was placed on the retired list effective 30 March 2009, in the rank of SPC, pay grade E-4. Further, the Soldier will be promoted to the designated grade effective the Soldiers separation date.

  • ARMY | BCMR | CY2012 | 20120018532

    Original file (20120018532.txt) Auto-classification: Approved

    The DA Form 199 documenting the PEB Proceedings shows his rank as PFC at that time. (1) The advisory official stated the applicant enlisted in the Regular Army on 8 October 2008 for a $30,000.00 enlistment bonus. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show 5 November as his anniversary date for the purpose of bonus installment payments and paying him the $4,000.00 bonus installment he would have been due on 5...

  • ARMY | BCMR | CY2013 | 20130010748

    Original file (20130010748.txt) Auto-classification: Approved

    Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. In support of his application the applicant provides the following documents: a. a DA Form 2627-2, dated 8 February 2010, that shows the Commander, 43d Sustainment Brigade, Fort Carson, CO, set aside the punishment(s) of NJP imposed against the applicant on 8 August 2008 on the basis that "it is unclear if the...

  • ARMY | BCMR | CY2011 | 20110022224

    Original file (20110022224.txt) Auto-classification: Approved

    The applicant requests correction of her military records to show her correct rank. The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued at the time shows in: * Item 4a (Grade, Rate or Rank) the entry "PFC" * Item 4b (Pay Grade) the entry "E03" * Item 12i (Effective Date of Pay Grade) the entry "2009 06 11" (11 June 2009) 4. While undergoing physical disability processing, she met the requirements for promotion to SPC on 11 June 2011 and a DA Form 4187...

  • ARMY | BCMR | CY2014 | 20140006597

    Original file (20140006597.txt) Auto-classification: Denied

    The applicant provides: * his DD Form 214 * his Enlisted Record Brief (ERB) * a DA Form 4187 * a Memorandum for Record CONSIDERATION OF EVIDENCE: 1. However, there is no corroborating evidence of record nor does his MMPA at DFAS show he was advanced to SPC/E-4 during his period of active duty service from 13 September 2010 to 16 January 2014. Evidence of record shows he held the rank/pay grade PFC/E-3 with a date of rank of 13 September 2010 on his effective date of separation from the Army.

  • ARMY | BCMR | CY2008 | 20080019074

    Original file (20080019074.txt) Auto-classification: Denied

    However, his records show he did not complete 55D MOS training and was reassigned to Fort Bliss, TX, where he completed training for MOS 14J (Early Warning System Operator). When the commander denies promotion, he or she may promote the Soldier on the next automated Enlisted Advancement Report, provided the Soldier is otherwise qualified. By regulation, he should have been automatically advanced to PV2 six months after his entry on active duty.

  • ARMY | BCMR | CY2013 | 20130010364

    Original file (20130010364.txt) Auto-classification: Denied

    The applicant requests his records be corrected to show he was promoted beyond the rank and pay grade of private (PVT)/E-1 to specialist (SPC)/E-4. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. He was retired due to physical disability in the pay grade of PV1/E-1 on 27 June 2012.

  • ARMY | BCMR | CY2008 | 20080007930

    Original file (20080007930.txt) Auto-classification: Denied

    Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. If a unit commander elects not to recommend a Soldier for promotion on the automatic promotion date, then a DA Form 4187 denying the promotion will be submitted not later than the 20th day of the month preceding the month of automatic promotion. In order to justify correction of a military record, the applicant...