IN THE CASE OF:
BOARD DATE: 9 December 2014
DOCKET NUMBER: AR20140006597
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/pay grade as specialist (SPC)/E-4 vice private first class (PFC)/E-3.
2. The applicant states that:
* he was advanced to SPC effective 23 November 2013
* he has a DA Form 4187 (Personnel Action) and Memorandum for Record that clearly show his rank as SPC
* at the end of his enlistment he held the rank/pay grade of SPC/E-4
* he was on terminal leave when he received his DD Form 214 in the mail and noticed the error
* he received the back pay for SPC/E-4 after his separation
3. The applicant provides:
* his DD Form 214
* his Enlisted Record Brief (ERB)
* a DA Form 4187
* a Memorandum for Record
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 13 September 2010.
2. He submitted:
a. a DA Form 4187, dated 19 November 2013, which shows he was advanced to SPC/E-4, effective 14 November 2013 and
b. a Memorandum for Record, dated 16 December 2013, which shows he was a SPC.
3. On 16 January 2014, the applicant was honorably released from active duty after serving for 3 years, 4 months, and 4 days. His DD Form 214 shows in:
* item 4a (Grade, Rate, or Rank) PFC
* item 4b (Pay Grade) E-3
* item 12i (Effective Date of Pay Grade) 13 September 2010
4. His record is void of evidence showing he was advanced to SPC/E-4 prior to his release from active duty.
5. The applicant's ERB, dated 24 January 2014, shows in Section III (Service Data), his date of rank as PFC/E-3, effective 13 September 2010.
6. The Defense Finance and Accounting Service (DFAS) confirmed the applicant's Master Military Pay Account (MMPA) shows his pay grade as E-3 from 14 September 2010 to 16 January 2014. DFAS was unable to confirm any promotion.
7. Army Regulation 635-5 (Separation Documents) at the time provided that separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant submitted a DA Form 4187 and Memorandum for Record showing he was advanced to SPC/E-4, effective 14 November 2013.
2. However, there is no corroborating evidence of record nor does his MMPA at DFAS show he was advanced to SPC/E-4 during his period of active duty service from 13 September 2010 to 16 January 2014.
3. Evidence of record shows he held the rank/pay grade PFC/E-3 with a date of rank of 13 September 2010 on his effective date of separation from the Army. In the absence of evidence to the contrary, it is concluded that the applicant's separation document for the period ending 16 January 2014 is correct.
4. In view of the foregoing, there is no basis to grant the applicant's 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) AR20140006597
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