IN THE CASE OF:
BOARD DATE: 3 December 2014
DOCKET NUMBER: AR20140004208
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) ending on 31 July 2013 to show his rank/grade as master sergeant (MSG)/E-8 vice sergeant first class (SFC)/E-7.
2. The applicant states his DD Form 214 indicates his rank/grade as SFC/E-7. The effective date of this rank is shown as 1 April 2010. However, he was laterally appointed to first sergeant (1SG) effective 1 April 2010 and with a date of rank as 1 May 2002.
3. The applicant provides:
* DD Form 214 ending on 31 July 2013
* Selection for retention in the Army National Guard (ARNG)
* Orders 091-005, lateral appointment to 1SG
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was born in September 1961. Having had prior service, he enlisted in the Virginia ARNG (VAARNG) on 8 July 1997 and he held military occupational specialty 31B (Military Police).
2. He served through multiple extensions in a variety of assignments and he was promoted to SFC/E-7 on 1 May 2002.
3. There are no orders in his official records advancing him to MSG/E-8. However, his records contain Orders 265-048 issued by the VAARNG on 22 September 2006 administratively reducing him from 1SG/E-8 to SFC/E-7 effective 25 September 2006.
4. On 23 December 2008, the VAARNG published Orders 358-014 promoting him to MSG/E-8 effective 19 December 2008.
5. He entered active duty on 6 October 2008 and served in Kuwait/Iraq from 8 December 2008 to 8 September 2009. He was honorably released from active duty in the rank/grade of MSG/E-8 on 20 October 2009.
6. He reentered active duty in an Active Guard Reserve status on 21 October 2009. He was assigned to the 229th MP Company, Virginia Beach, VA.
7. It appears he was laterally appointed to 1SG on an unknown date. On 1 April 2010, VAARNG published Orders 091-005 laterally appointing him to MSG/E-8 effective 1 April 2010 and with a date of rank as 1 May 2002.
8. On 7 April 2010, VAARNG published Orders 097-035 administratively reducing him from MSG/E-8 to SFC/E-7 effective 1 April 2010 and with a date of rank of 1 May 2002. He was assigned to the Rear element of the 229th MP Company.
9. He retired on 31 July 2013 by reason of length of service (sufficient service for retirement) and he was placed on the Retired List in his retired rank/grade of SFC/E-7 effective 1 August 2013. His DD Form 214 for this period of service shows in items 4a (Grade, Rate or Rank) and 4b (Pay Grade) - SFC and E-7 and in Item 12h (Effective Date of Pay Grade) - 2010-04-01.
10. Army Regulation 635-5 (Separation Documents) (has been replaced with Army Regulation 635-8 (Separation Processing and Documents)) establishes the standardized policy for preparing and distributing the DD Form 214. It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 and stated that. It states:
* items 4a and 4b, enter the active duty grade or rank and pay grade at time of separation and are obtained from the Soldier's records (promotion or reduction orders)
* item 12h, enter the effective date of pay grade at the time of separation or release from active duty
DISCUSSION AND CONCLUSIONS:
1. The applicant entered active duty on 21 October 2009. Although he provides orders issued by VAARNG on 1 April 2010 laterally appointing him to MSG/E-8, a week later he was issued orders by the same orders issuing authority administratively reducing him from MSG/E-8 to SFC/E-7 effective 1 April 2010.
2. He performed SFC/E-7 duties and held the rank/grade of SFC/E-7 at the time of his retirement on 31 July 2013. He did not hold the rank/grade of MSG/E-8 at the time of his separation in July 2013. The regulation provides for entry of the rank and pay grade at time of separation and the effective date of pay grade at the time of separation or release from active duty.
3. The applicant's DD Form 214 correctly lists his rank/grade and effective date of pay grade. There is no reason to change those entries. He is not entitled to the 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) AR20140004208
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ABCMR Record of Proceedings (cont) AR20140004208
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