IN THE CASE OF:	  

		BOARD DATE:	  15 May 2014

		DOCKET NUMBER:  AR20140003939 


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 Army Military Human Resource Record (AMHRR) by:

	a.  revoking the DA Form 4187 (Personnel Action), dated 24 February 2012, which erroneously advanced him from the rank/grade of private (PV1)/E-1 to the rank/grade of private (PV2)/E-2 and removing it from his AMHRR;

	b.  amending the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code for Military Justice (UCMJ)), dated 4 April 2012, to show he held the rank/grade of private first class (PFC)/E-3 on the date of the proceedings in lieu of the erroneous rank/grade of PV2/E-2;

	c.  further amending the DA Form 2627 to show he was reduced to the rank/grade of PV2/E-2 rather than the erroneous rank/grade of PV1/E-1; and

	d.  paying him all retroactive pay and allowances to which he is entitled as a result of these corrections.

2.  The applicant states that he enlisted in the Army as a PFC/E-3.  His company commander erroneously signed a DA Form 4187 promoting him to PV2/E-2 when he was already a PFC/E-3.  This erroneous DA Form 4187 caused the S-1 (personnel office) to incorrectly change his rank in the Electronic Military Personnel Office (eMILPO) database, which subsequently showed the incorrect rank when he received punishment through Article 15 proceedings.
3.  The applicant attests that he brought this error to the attention of his commander at the time he was being read his punishment.  He was told that since he could not produce the supporting documents to prove that he was a PFC/E-3 there would be no changes made to the DA Form 2627.  He was a Soldier attending Advanced Individual Training (AIT) and did not know how to access his enlistment contract through the Interactive Personnel Management System (iPERMS) at that time.

4.  The applicant further states that the 40th Military Police Battalion S-1 has already made corrections in eMILPO to reflect the correct dates of rank, but he needs the DA Form 2627 corrected in order for the Defense Finance and Accounting Service (DFAS) to correct his pay for the time that he was paid incorrectly.  He was informed by the Staff Judge Advocate office at Fort Leonard Wood, MO, that they are not allowed to correct the document and referred him to this Board.

5.  The applicant provides:

* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* DA Form 4187
* DA Form 2627
* DA Form 4856 (Developmental Counseling Form)
* DA Form 268 (Report to Suspend Favorable Personnel Actions FLAG))
* 18 DFAS Forms 702 (DFAS Military Leave and Earnings Statement (LES))

CONSIDERATION OF EVIDENCE:

1.  The applicant's record contains a DD Form 4 and DD Form 1966 (Record of Military Processing - Armed Forces of the United States) which show he enlisted in the Regular Army on 20 September 2011 in the rank/grade of PFC/E-3.

2.  His record also contains a DD Form 93 (Record of Emergency Data) and an SGLV Form 8286 (Servicemembers' Group Life Insurance Election and Certificate) rendered at the time of his enlistment which show he held the rank/grade of PFC/E-3 at the time.

3.  On 24 February 2012, the applicant's company commander signed a DA Form 4187 recommending that he be advanced to the rank/grade of PV2/E-2 with a date of rank (DOR) and effective date of 1 March 2012.  The authority cited for this promotion was Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 2-3c.
4.  The applicant provides a DA Form 4856 which shows he was counseled on 27 March 2012 for violating a company policy by having a can of smokeless tobacco (a prohibited item) in his possession.  As a result of this misconduct he was being referred to the chain of command for further action.  The standard name line of this document shows he held the rank/grade of PFC/E-3 at the time.

5.  The applicant provides a DA Form 268 which shows a FLAG was initiated effective 27 March 2012 for adverse action.  The standard name line of this document shows he held the rank/grade of PFC/E-3 at the time.

6.  The applicant provides a DA Form 2627, dated 4 April 2012, which shows he accepted punishment under the provisions of Article 15, UCMJ for violating Article 92, UCMJ by wrongfully possessing and/or using tobacco products while in training.  The form indicates that he held the rank/grade of PV2/E-2 at the time and shows that his punishment included a reduction of one pay grade to 
PV1/E-1.

7.  The applicant provides 18 LESs for the period shown which show he was paid based upon the rank/grade indicated:

* 1 October 2011 - 28 February 2012:  PFC/E-3
* 1 March - 3 April 2012:  PV2/E-2
* 4 April - 30 September 2012:  PV1/E-1
* 1 October 2012 - 31 March 2013:  PFC/E-3 (his October 2012 LES indicates the change in his rank/grade was retroactive to 20 September 2012)

8.  The applicant provides a printout of his Rank History - Listing extracted from the eMILPO database which shows the DORs and effective dates for the ranks/grades that he has held as follows:

* 20 September 2011:  PFC/E-3
* 4 April 2012:  PV2/E-2
* 20 September 2012:  PFC/E-3
* 1 May 2013:  specialist (SPC)/E-4

9.  A review of the iPERMS database shows the applicant is currently listed as a SPC/E-4 with a DOR and effective date of 1 May 2013.

10.  His record is void of any evidence showing he was reduced in rank/grade on any date other than the date of the DA Form 2627 in question, 4 April 2012.

11.  Army Regulation 600-8-19 prescribes the enlisted promotions and reductions function of the military personnel system.  Paragraph 2-3 provides guidance for the decentralized promotion of enlisted Soldiers to the ranks/grades of PV2/E-2, PFC/E-3, and SPC/E-4.  Paragraph 2-3c shows the required time in grade required for automatic promotion to PV2 is six months.

DISCUSSION AND CONCLUSIONS:

1.  Evidence clearly shows that the applicant enlisted in the Regular Army in the rank/grade of PFC/E-3.

2.  It appears the applicant's rank/grade was erroneously reflected as PV1/E-1 in an unknown database which resulted in the generation and subsequent approval of a DA Form 4187 that erroneously changed the applicant's rank/grade by "advancing" him to PV2/E-2, when in fact he was already a PFC/E-3 in accordance with the terms of his enlistment contract.

3.  This unwarranted change in the applicant's rank/grade in the database resulted in his rank/grade being erroneously shown as PV2/E-2 on the date that he received punishment under the provisions of Article 15, UCMJ.  As a result, when he was reduced one pay grade to the rank/grade of PV1/E-1 on paper effective 4 April 2012, he was actually reduced two grades, from PFC/E-3 to PV1/E-1.

4.  His record is void of any indication that he was reduced in rank/grade at any other point in time.

5.  Evidence shows the applicant's unit and supporting personnel office have already corrected his DORs in eMILPO.  However, the applicant's pay and allowances have not been corrected because of the DFAS requirement for correction of the DA Form 2627 that served as the catalyst for his erroneous reduction in rank/grade to PV1/E-1.

6.  In view of the foregoing and in the interest of equity, it would be appropriate to grant the applicant full relief by:

	a.  revoking the DA Form 4187, dated 24 February 2012, which erroneously advanced him from the rank/grade of PV1/E-1 to the rank/grade of private PV2/E-2 and removing it from his AMHRR;

	b.  amending the DA Form 2627, dated 4 April 2012, to show he held the rank/grade of PFC/E-3 on the date of the proceedings in lieu of the erroneous rank/grade of PV2/E-2;
	c.  further amending the DA Form 2627 to show he was reduced to the rank/grade of PV2/E-2 rather than the erroneous rank/grade of PV1/E-1; and

	d.  paying him all retroactive pay and allowances to which he is entitled as a result of these corrections.  The effective dates for each rank/pay grade should be as follows:

* 20 September 2011:  PFC/E-3
* 4 April 2012:  PV2/E-2
* 20 September 2012:  PFC/E-3
* 1 May 2013:  SPC/E-4

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:

	a.  revoking the DA Form 4187, dated 24 February 2012, which erroneously advanced him from the rank/grade of PV1/E-1 to the rank/grade of private PV2/E-2 and removing it from his AMHRR;

	b.  amending the DA Form 2627, dated 4 April 2012, to show he held the rank/grade of PFC/E-3 on the date of the proceedings in lieu of the erroneous rank/grade of PV2/E-2;

	c.  further amending the DA Form 2627 to show he was reduced to the rank/grade of PV2/E-2 rather than the erroneous rank/grade of PV1/E-1; and

	d.  paying him all retroactive pay and allowances to which he is entitled as a result of these corrections.  The effective dates for each rank/pay grade should be as follows:

* 20 September 2011:  PFC/E-3
* 4 April 2012:  PV2/E-2
* 20 September 2012:  PFC/E-3
* 1 May 2013:  SPC/E-4



      _______ _   __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)                                         AR20140003939





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ABCMR Record of Proceedings (cont)                                         AR20140003939



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