BOARD DATE: 23 September 2014
DOCKET NUMBER: AR20140003181
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 Discharge from Active Duty) to show his rank/grade as specialist (SPC)/E-4 vice private first class (PFC)/E-3.
2. The applicant states, in effect, he should have been promoted to SPC on 7 July 2012 as shown on the enclosed DA Form 4187 (Personnel Action) and letter.
3. The applicant provides his DD Form 214, DA Form 4187, and a letter.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 7 July 2009. He was assigned to B Company, 125th Brigade Support Battalion, Fort Bliss, TX. He deployed to Afghanistan in support of Operation Enduring Freedom (OEF) as a member of his assigned unit on 13 September 2011. He was promoted to the rank of PFC on 1 January 2012.
2. Permanent Orders (PO), dated 25 April 2012, issued by Headquarters, Task Force Bulldog, 3rd Infantry Brigade Combat Team (IBCT), Afghanistan, awarded him the Army Commendation Medal for exceptionally meritorious service during OEF.
3. The applicant provides a DA Form 4187, dated 7 June 2012, wherein his company commander recommended approval for the applicant to be automatically promoted from PFC to SPC effective 7 July 2012. The promotion authority is shown as Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 2-3(b) and 2-3(c).
4. He redeployed from Afghanistan as a member of his assigned unit on 6 July 2012.
5. He was honorably released from active duty on 28 December 2012 by reason of completion of required active service and he was transferred to the U.S. Army Reserve. He completed 3 years, 5 months, and 22 days of creditable active service with no lost time.
6. Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) of his DD Form 214 contain the entries PFC and E-3, respectively. Item 12i (Effective Date of Pay Grade) contains the entry 1 January 2012.
7. This DD Form 214 also shows, in part, the Army Commendation Medal and the Army Good Conduct Medal (1st Award).
8. His record is void of any negative counseling statements, adverse actions, or record of court-martial.
9. The applicant provides a letter to his Congressman, dated 24 November 2013, wherein Colonel (COL) CL, Commander, 3rd IBCT, Fort Bliss, TX, stated:
a. In response to your inquiry, after researching the issue, it appears the previous chain of command did not properly process the applicant's promotion paperwork. His company commander recommended his promotion on 7 June 2012; however, the action was never entered into the personnel system to make the promotion effective. This oversight was likely due to the fact the unit was in the middle of redeploying from Afghanistan.
b. When the unit returned, the Soldiers had a short period of reset and then went on leave for several weeks. In September 2012, the applicant was arrested for driving while intoxicated. The commander may have wrongfully believed he could not process the action at that point because the Soldier was pending investigation for driving under the influence.
c. Unfortunately, since the applicant is no longer in the service (COL CL) could not process a request for reimbursement of pay from PFC to SPC. However, the applicant should complete a DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U. S. Code, Section 1552).
10. Army Regulation 600-8-19, paragraph 2-3(b) and (c) states, in part,
a. Promotions to private (PV2), PFC, and 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. Eligibility criteria for promotion to SPC are 24 months time in service (TIS) and 6 months time in grade (TIMIG). Soldiers must not be flagged or barred from reenlistment. Any Soldier reduced must be fully qualified (without waiver) for promotion to the next higher grade.
b. If a unit commander elects not to recommend a Soldier for promotion on the automatic promotion date a DA Form 4187 denying the promotion will be submitted not later than the 20th day of the month preceeding the month of the automatic promotion.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant entered active duty on 7 July 2009 and he was promoted to PFC on 1 January 2012. As such, he met the requirements for automatic promotion to SPC on 1 July 2012 after 24 months TIS and 6 months TIMIG.
2. Although his commander submitted a DA Form 4187 recommending his promotion to SPC, due to the unit being deployed to Afghanistan the promotion was not properly processed as it should have been. Therefore, he is entitled to correction of his DD Form 214 to show his rank/grade as SPC/E-4 effective 1 July 2012.
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:
* showing he was promoted to the rank of SPC effective 1 July 2012
* deleting the entries in items 4a, 4b, and 12i of his DD Form 214 and replacing them with the entries SPC, E-4, and 1 July 2012, respectively
* paying him the difference in back pay and allowances he is due based on the correction stated above
_______ _ 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) AR20130001595
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