RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 February 2007
	DOCKET NUMBER:  AR20060012399 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Carl W. S. Chun

Director

Mrs. Victoria A. Donaldson

Analyst


The following members, a quorum, were present:


Mr. Hubert O. Fry, Jr.

Chairperson

Mr. William F. Crain

Member

Mr. Dale E. DeBruler

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show specialist/pay grade E-4.

2.  The applicant states that she was not demoted at the time of her separation.

3.  The applicant provides a copy of Department of the Army Orders Number 178-0250, dated 27 June 2005, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant entered Active Duty on 18 September 2002.  She was separated for misconduct on 19 July 2005.

2.  The separation processing packet identifies the applicant as a specialist/pay grade E-4.  The separation approval authority did not authorize reduction in the applicant's rank or pay grade.  Additionally, there is no indication that the applicant's rank was reduced as a result of punishment prior to the separation processing procedures.

3.  The applicant's separation orders identify the applicant as a specialist/pay grade E-4.

4.  The DD Form 214 issued at the time of the applicant's discharge shows in Block 4a (Grade, Rate, or Rank) the entry "PV2" and in Block 4b (Pay Grade) the entry "E2."

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-1 of this regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her DD Form 214 incorrectly shows her rank and pay grade was carefully considered and determined to have merit.

2.  Although the applicant was discharged from the Army for misconduct, there is no evidence that she was reduced in rank prior to her discharge.  Additionally, the separation approving authority did not authorize reduction in the applicant's rank/pay grade upon her discharge.

3.  Based on the foregoing, it is determined that the applicant held the rank of specialist/pay grade E-4 at the time of her discharge and that her DD Form 214 should be amended to show that she was discharged as a specialist/pay grade E-4.

BOARD VOTE:

__DED__  __WFC__  _HOF ___  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 amending the DD Form 214 to show in Block 4a (Grade, Rate, or Rank) the entry "SPC" and in Block 4b (Pay Grade) the entry "E4."




___Hubert O. Fry, Jr._____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.