IN THE CASE OF:	  

		BOARD DATE:	  2 October 2014

		DOCKET NUMBER:  AR20130021246 


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:

	a.   correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show/add:

* her rank/grade as specialist (SPC)/E-4 vice private first class 
(PFC)/E-3
* her date of rank (DOR) to SPC of 27 September 2013
* her net active service as 3 years, 6 months, and 21 days vice 3 years, 5 months, and 10 days
* the Army Achievement Medal

	b.  correction of her separation orders and discharge certificate to show her rank as SPC.

	c.  she be paid $16,118.40 of separation pay vice $12,000.00.

2.  The applicant states:

	a.  The rank/grade listed on her separation orders, DD Form 214 in items (4a (Grade, Rate or Rank) and 4b (Pay Grade), and Discharge Certificate incorrectly shows PFC/E-3.  She was promoted/advanced to SPC/E-4, before her discharge, with a DOR of 27 September 2013.  


	b.  Item 12c (Net Active Service this Period) shows her length of service as 
3 years, 5 months, and 10 days.  Her actual length of service was 3 years,
6 months, and 21 days. 

	c.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of her DD Form 214 says she only received one Army Achievement Medal; however, she was awarded a second Army Achievement Medal upon separation.

	d.  She received approximately $12,000.00 in severance pay which is significantly less than the $16,118.40 in severance pay listed in item 
18 (Remarks) of her DD Form 214.  Additionally, the severance pay listed in item 18 was based upon an E-3 rate with 3 years and not an E-4 rate with 
3 years.  

3.  The applicant provides:

* two DA Forms 638 (Recommendation for Award), page 1 only
* memorandum of record, dated 19 August 2013
* Orders Number 231-0002, dated 19 August 2013
* DA Form 4187 (Personnel Action), dated 25 August 2013
* Enlisted Record Brief (ERB)
* Honorable Discharge Certificate
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 27 April 2010 and held military occupational specialty 88M (Motor Transport Operator).  

2.  Her ERB shows her rank/grade as PFC/E-3, her DOR as 27 June 2012, and that she was assigned to the 377th Truck Company on or around 24 September 2012. 

3.  Her Official Military Personnel File (OMPF) did not contain any DA Forms 638 or certificates for award of the Army Achievement Medal; however, her ERB did show she was awarded or authorized the National Defense Service Medal and the Army Achievement Medal (1st Award).

4.  She provided, the first page only, of two DA Forms 638.  

	a.  The first DA Form 638, dated 21 September 2011, recommended her for an Army Achievement Medal for service from 7 June 2011 to 1 December 2011.  
	b.  The second DA Form 638, which was undated, recommended her for award of the Army Achievement Medal for service during the period 27 April 2010 to 29 September 2013.  She did not provide pages 2 or 3 of this form; therefore, it is impossible to tell whether or not the award was approved.

5.  She provided a memorandum for record, dated 19 August 2013, showing First Lieutenant (1LT) GRO assumed command of the 377th Truck Company from 
19 August 2013 to 30 August 2013.

6.  Orders Number 231-0002, issued by U.S. Army Installation Command, Fort Bliss, TX, on 19 August 2013, stated she:

* was assigned to the 377th Truck Company 
* would be discharged from active duty on 6 October 2013
* received a 20 percent (%) disability rating
* was authorized disability severance pay in pay grade E-3 based on 
3, years, 5 months, and 10 days of service as computed in accordance with Title 10, U.S. Code (USC), Section 1208

7.  The Electronic - Military Personnel Online (e-MILPO) contains a suspension of favorable personnel action (FLAG) history showing the applicant was flagged by her commander on 6 June 2013.  This FLAG was updated/revalidated on 
6 August 2013.  The code used to FLAG her was listed a "PA."  The code "PA" is used when a commander decides not to recommend a Soldier for an automatic promotion.  These FLAGs remain in place and the Soldier cannot be promoted until the commander lifts the FLAG.  Her FLAG history in e-MILPO indicates that her commander never lifted the FLAG he imposed.

8.  She was honorably discharged on 6 October 2013 by reason of disability with severance pay.  Her DD Form 214 shows in:

* item 4a the entry "PFC"
* item 4b the entry "E03"
* item 12c the entry "0003  05  10"
* item 13 the Army Achievement Medal (1st Award)
* item 18 the entry "Disability Severance Pay -- $16,118.40"

9.  The Defense Finance and Accounting Service (DFAS) confirmed, in an email dated 23 January 2014, that the applicant was authorized disability severance pay in the amount of $12,088.80 at the grade of E-3 effective 27 June 2012 based on her entry date of 27 April 2010 and her separation date of 6 October 2013.
10.  An advisory opinion, dated 20 February 2014, was obtained from the U.S. Army Human Resources Command (HRC), Enlisted Promotions.  The advisory official recommended disapproval of the applicant’s request for advancement to SPC.  The advisory official further stated the records available to the junior enlisted promotions section reflected the applicant was flagged on 6 June 2013 to stop an automatic promotion to SPC.  This flag remained on the applicant’s records, and as a result, she was ineligible for promotion upon separation.  The DA Form 4187 for advancement to SPC (provided by the applicant) was not signed.

11.  The applicant responded to the advisory opinion on 7 March 2014.  She stated she spoke to the company commander of the 377th Transportation Company and he was able to provide the original DA Form 4187.  The original 4187 states she was not flagged and indicated she was to be promoted to SPC on 27 September 2013.  Additionally, she provided a copy a DA Form 4187 showing she was recommended and approved for promotion to SPC with a DOR of 27 September 2013.  This document shows her company commander as Captain (CPT) DRS, it appears someone other than her commander, 1LT GRO, signed this form on 25 August 2013.

12.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 2-3 states promotions to SPC will be made automatically by The Total Army Personnel Data Base for posting to the automated personnel file and the Master Military Pay File.  However, 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 proceeding the month of automatic promotion.  The DA Form 4187 denying the promotion will be used by the Battalion Human Resources (S-1) to initiate a FLAG transaction using code PA as the initial and reason code and input the transaction into the automated system.  This will stop an automatic promotion. The FLAG must be closed using FLAG code PE not later than the second working day following the date the Soldier would have been automatically promoted.  Soldiers flagged or barred from reenlistment at the required time for automatic promotion but later recommended require a DA Form 4187 and a grade change (GRCH) transaction to be promoted.  Soldiers promoted prior to or after the automatic promotion date require a DA Form 4187 and submission of a GRCH transaction to be promoted.  

13.  The Department of Defense Financial Management Regulation (DOD FMR), Volume 7A, Chapter 1, paragraph 010104 (Computation of Creditable Service) states in pertinent part that to calculate dates, list the beginning date of service and list the ending date.  If the day is the 31st day of the month, then change it to 30.  If the day is February 28 in a non-leap year, then change it to February 30 for computation purposes.  If the day is February 29, then change it to February 30 for computation purposes.  Do not change February 28 of a leap year to February 30.  Then add all ending dates together.  Subtract the beginning day result from the ending day.  For each noncontinuous period of service, add 1 day to account for inclusive days.  Explanation: Any period of service is at least one day.  It is necessary to add 1 day for inclusive days to avoid this erroneous answer.  Convert to full years, months, and days.  The result is years of service creditable for pay purposes.  If, for example, the member had one day of service on 17 January 2012, then the computation would look like this:

							YR MO DAY
Ending Day: 				12 	  01  17
Less Beginning Day:  -  12   01  17
							 00  00   00
Add one day			   + 00  00   01
							 00  00   01

14.  Department of the Army Pamphlet 600-8 (Management and Administrative Procedures), paragraph 5-12g(2) covers time in service and date of rank computations on the DD Form 214 and states when computing a period of time a month will be computed on a 30-day basis.  When computing creditable service, consider each month as consisting of 30 days regardless of the actual number of days in the month, except when the period of active service ends on 28 February of a leap year; do not change the 28 to 30 since the 29th is the last day of the month.  Add one day for inclusive dates after subtractions.  Convert 
30 days and 12 months to full months and years after computation.

15.  Army Regulation 600-8-22 (Military Awards) states the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

16.  The military basic pay table, effective 1 January 2013, shows the basic pay rate per month for military personnel serving in pay grade E-3 who had more than 3 but less than 4 years of military service were entitled to basic pay at a rate of $2,014.80 per month.  

17.  Title 10, USC, section 1208 (Computation of Service) states a member of a regular component shall be credited with the service that he is considered to have for the purpose of separation, discharge, or retirement for length of service.

18.  Title 10, USC, section 1212 (Disability Severance Pay) states upon separation from his armed force under section 1203 or 1206 of this title, a member is entitled to disability severance pay computed by multiplying the member’s years of service computed under section 1208 of this title (subject to the minimum and maximum years of service provided for in subsection (c)).  The member will receive twice the amount of monthly basic pay to which he would be entitled if serving on active duty on the date when he is separated and in the grade and rank in which he was serving on the date when he is separated.  Subsection c states:

	a.  A part of a year of active service that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded.

	b.  The minimum years of service of a member for purposes of this subsection shall be 6 years in the case of a member separated from the armed forces for a disability incurred in line of duty in a combat zone (as designated by the Secretary of Defense for purposes of this subsection) or incurred during the performance of duty in combat-related operations as designated by the Secretary of Defense and 3 years in the case of any other member.  The amount of disability severance pay received under this section shall be deducted from any compensation for the same disability to which the former member of the armed forces or his dependents become entitled under any law administered by the Department of Veterans Affairs. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant’s commander initiated a FLAG to prevent her from being automatically prompted because he did not feel she should be recommended for promotion.  E-MILPO shows her commander never lifted this FLAG or directed a GRCH be initiated.  Therefore, based on her FLAG, was ineligible for promotion to SPC prior to or at the time of her discharge.  

2.  She did provided a DA Form 4187 dated 25 August 2013 which listed CPT DRS's as her commander and appears to have been signed by 1LT GRO.  

	a.  As previously stated, her commander elected not to promote her.  He would have needed to take steps other than simply initiating a DA Form 4187 to remove her FLAG and promote her.  Therefore, the DA Form 4187 she provided is insufficient evidence to grant relief.  

	b.  In this case, sufficient evidence would include a sworn statement from her commander, CPT DRS, certifying he either signed or authorized 1LT GRO to sign the DA Form 4187 she provided, stating he intended to promote her to SPC, and outlining the steps he took in an attempt to lift her FLAG, so that she would have been eligible for promotion.

3.  The evidence of record shows, based on the rules for computing creditable service listed in the DOD FMR, the military service listed in item 12c of her DD Form 214 was correctly listed.  
If 
							YR MO DAY
                                            09   36
Ending Day: 				13 	 10   06
Less Beginning Day:  -  10   04  27
							 03  05   09
Add one day			   + 00  00   01
Total Service:			 03  05   10

4.  As with all personnel decorations, the Army Achievement Medal requires formal recommendations, approval through the chain of command, and announcement orders.  Her record does not contain orders awarding her Army Achievement Medal (2nd Award).  Additionally, the first page of the DA Form 638 she provided was insufficient evidence to show the Army Achievement Medal (2nd Award) for which she was recommended resulted in the award being approved and orders being generated.  

5.  The evidence of record shows, based on the rules for the computing service and disability severance pay listed in Title 10, USC, sections 1208 and 1212 and the military basic pay table, effective 1 January 2013:

	a.  A part of a year of active service that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded.  Therefore, since she served for a total of 3 years, 5 months, and 10 days, she was credited with 3 years of service.

	b.  She, as an E-3 with more than three years and less than 4 years of service, was entitled to a basic pay rate of $2,014.80 per month.  However, for the purposes of severance pay she would have been entitled to twice this rate ($4,029.60).  This rate of pay multiplied by her 3 years of service would provide the amount of severance pay to which she was authorized ($4,029.60 x 3 years = $12,088.80 in severance pay)

	c.  Based on the foregoing, it is evident that the entry listed in item 18 of her DD Form 214 "Disability Severance Pay -- $16,118.40" is incorrect and should be corrected to reflect the actual amount she was authorized.  

6.  Based on the foregoing, there is insufficient evidence to grant the requested relief.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x_____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 18 of her DD Form 214 to delete the entry "Disability Severance Pay -- $16,118.40" and replace it with the entry "Disability Severance Pay -- $12,088.80."

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending her DD Form 214 to change her rank, years of active service, or adding the Army Achievement Medal.  



      _______ _   _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)                                         AR20130021246



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ABCMR Record of Proceedings (cont)                                         AR20130021246



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