IN THE CASE OF:
BOARD DATE: 18 December 2014
DOCKET NUMBER: AR20140006492
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/grade as private first class (PFC)/E-3 vice private (PV2)/E-2.
2. The applicant states his DD Form 214 contains an administrative error.
3. The applicant provides:
* DD Form 214 (Worksheet)
* DD Form 214
* Notification of Disability Separation
* DD Form 4856 (Developmental Counseling Form)
* DD Form 2656 (Data for Payment of Retired Personnel)
* Retirement orders
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Texas Army National Guard in the rank/grade of PV2/E-2 on 12 February 2013.
2. He was ordered to active duty for training (ADT) on 23 April 2013. Upon completion of basic combat training, he was reassigned to Fort Lee, VA for completion of advanced individual training.
3. He appears to have entered the disability system and his records were considered by a physical evaluation board that recommended his permanent retirement by reason of disability.
4. On 19 February 2014, the Commander, A Company, 16th Ordnance Battalion, Fort Lee, VA, published a DA Form 4187 advancing the applicant to PFC/E-3 effective 7 November 2013.
5. On 17 March 2014, Headquarters, U.S. Army Combined Arms Support Command, Fort Lee published Orders 076-0505 retiring the applicant on 25 March 2014 and placing him on the permanent retired list in his retired grade of PFC effective 26 March 2014.
6. He retired on 25 March 2014 and he was placed on the Retired List effective 26 March 2014. His DD Form 214 shows in:
* items 4a (Grade, Rate or Rank) and 4b (Pay Grade) - PV2 and E-2
* item 28i (Effective Date of Pay Grade) - 12 February 2013
* item 18 (Remarks), in pertinent part, "Retired List Grade PFC"
7. Army Regulation 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. It provides principles of support, standards of service, policies, tasks, rules, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents. Chapter 5 governs the preparation of the separation document:
* Item 4, verify and enter the active duty grade, rate, or rank at time of separation
* Item 12i, verify and enter from the most recent promotion document (or reduction instrument), the effective date of promotion or reduction to the current pay grade
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was advanced to PFC/E-3 on 7 November 2013. He held this rank/grade at the time of his disability retirement. His DD Form 214 inadvertently listed his rank/grade as PV2/E-2. Therefore, he is entitled to correction of his DD Form 214 to show the correct rank/grade and effective date of pay grade.
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:
* deleting the entries "PV2" and E-2" from items 4a and 4b of his DD Form 214 and adding the entries "PFC" and "E-3," respectively
* deleting the entry "2013-02-12" from item 12i of his DD Form 214 and adding the entry "20013-11-07"
__________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) AR20140006492
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140006492
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130006829
The applicant provides: * FY 2013 SFC selection list * DA Form 638 (Recommendation for Award) * Award certificate for the MSM * DD Forms 214 for the periods ending 26 April 2002, 6 February 2003, and 27 March 2013 CONSIDERATION OF EVIDENCE: 1. Permanent Order 18-10, dated 18 January 2013, shows he received the MSM for meritorious service for the period 1 March 2003 to 4 March 2013. The available promotion orders which show he was promoted to SFC effective 27 March 2013 are accepted as...
ARMY | BCMR | CY2012 | 20120010402
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her rank/grade is private first class (PFC)/E-3. The DA Form 199 (PEB Proceedings) documenting the PEB proceedings shows her rank as "PFC." Orders 194-0904, issued by Headquarters, U.S. Army Signal Center of Excellence, Fort Gordon, dated 13 July 2011, released the applicant from assignment and duty because of physical disability with an effective date of retirement of 26...
ARMY | BCMR | CY2013 | 20130004095
The applicant provides: * DD Form 214, dated 29 March 2012 * DA Form 4187, dated 7 October 2011 * DA Form 4187, dated 2 August 2012 CONSIDERATION OF EVIDENCE: 1. A DA Form 4187, dated 7 October 2011, shows her advancement to PFC/E-3 with an effective date and date of rank of 7 October 2011 in accordance with Army Regulation 600-8-19 (Enlisted Promotions and Reductions). A DA Form 4187, dated 2 August 2012, shows her advancement to PFC/E-3 with an effective date and new date of rank of 16...
ARMY | BCMR | CY2014 | 20140005053
The applicant states that his DD Form 214 does not reflect his correct rank or his deployment dates. It provides, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made in item 18: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.
ARMY | BCMR | CY2011 | 20110001971
The applicant requests items 4a (Grade, Rate, or Rank), 4b (Pay Grade), and 12i (Effective Date of Pay Grade) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 October 2010 be corrected. Her DFAS LES, dated 5 November 2010, shows her pay grade as E-3. DISCUSSION AND CONCLUSIONS: The DFAS information which shows the applicant was separated in the pay grade of E-3 on 16 October 2010 is accepted as sufficient evidence on which to amend items...
ARMY | BCMR | CY2014 | 20140003532
There is no evidence in his records showing he was promoted to MSG. In support of his request the applicant provides a memorandum from The Adjutant General, WIARNG, dated 4 February 2014, which stated, in part: a. As a result, the Board recommends that all Army National Guard and Department of the Army records of the individual concerned be corrected by: * revoking the DD Form 215, dated 19 November 2013, and restoring his retired rank to MSG * paying him any resulting back retired pay *...
ARMY | BCMR | CY2014 | 20140018080
IN THE CASE OF: BOARD DATE: 7 July 2015 DOCKET NUMBER: AR20140018080 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20f, states per the provisions of Title 10, U.S. Code, section 1212, Soldiers who are on a promotion list at the time of separation for disability with entitlement to disability severance pay will be paid such compensation at the promotion list grade. Based on the foregoing evidence, his records...
ARMY | BCMR | CY2010 | 20100020180
The grade or rank in which he is serving on the date when his name is placed on the Temporary Disability Retired List or, if his name was not carried on that list, on the date when he is retired. The evidence of record shows the applicant was initially advanced/promoted to PFC/E-3 on 13 September 2006. Therefore, his records should be corrected to show he was placed on the Retired List in the rank/grade of PFC/E-3 on 28 July 2010.
ARMY | BCMR | CY2012 | 20120004644
Application for correction of military records (with supporting documents provided, if any). Chapter 2 contains guidance on the preparation of the DD Form 214 and states that items 4a and 4b show 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). There is no evidence in his records and he provides none to show he was promoted back to the rank/grade of PFC/E-3 between the date of his reduction and...
ARMY | BCMR | CY2011 | 20110022224
The applicant requests correction of her military records to show her correct rank. The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued at the time shows in: * Item 4a (Grade, Rate or Rank) the entry "PFC" * Item 4b (Pay Grade) the entry "E03" * Item 12i (Effective Date of Pay Grade) the entry "2009 06 11" (11 June 2009) 4. While undergoing physical disability processing, she met the requirements for promotion to SPC on 11 June 2011 and a DA Form 4187...