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.
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