IN THE CASE OF: BOARD DATE: 13 NOVEMBER 2008 DOCKET NUMBER: AR20080013018 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 that Items 4a and b (Grade, Rate or Rank and Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 23 April 2008 be changed to read SGT (sergeant) and E05 instead of PFC (private first class) and E03. 2. The applicant states that as a result of the convening authority's action on his general court-martial his rank and pay grade were restored. 3. The applicant provides, in support of his application, copies of his DD Form 214 and Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, Fort Bliss, Texas, General Court-Martial Order Number 10, dated 5 May 2008. CONSIDERATION OF EVIDENCE: 1. The applicant's military personnel record shows he initially enlisted in the Regular Army on 25 January 2001 for a period of 3 years. He successfully completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman). He extended his enlistment for 15 months on 1 December 2003, and on 24 February 2005 he reenlisted for a period of 3 years. 2. The applicant's DA Form 2166-8 (NCO [noncommissioned officer]) Evaluation Report) for the period from March 2005 to May 2005 shows his rank as sergeant and his date of rank as 1 March 2005. 3. The applicant's DA Form 2166-8 for the period from 1 June 2005 to 31 May 2006 shows his rank as sergeant and his date of rank as 1 March 2005. 4. On 22 June 2007, before a general court-martial, the applicant pled not guilty and was found not guilty of violation of Articles 107 and 123a of the Uniform Code of Military Justice (UCMJ). He further pled not guilty but was found guilty of violation of Articles 81 and 121 of the UCMJ. His sentence consisted of 60 days confinement and reduction to private first class/pay grade E03. 5. On 23 April 2008, the applicant was released from active duty by reason of his completion of his required active service. He had completed 7 years of active service that was characterized as honorable. Item 4a of his DD Form 214 contains the entry "PFC," Item 4b contains the entry "E03," and Item 12h (Effective Date of Pay Grade) contains the entry "2005 03 01" (1 March 2005). 6. On 5 May 2008, the convening authority disapproved the findings and the sentence of the applicant's general court-martial. The convening authority dismissed the charges and their specifications and directed that all rights, privileges, and property of which the accused had been deprived by virtue of the findings and sentence disapproved be restored. DISCUSSION AND CONCLUSIONS: 1. The applicant contends the rank and pay grade on his DD Form 214 should read SGT and E05. 2. The applicant's general court-martial sentenced him to a reduction to PFC. The convening authority disapproved the findings and sentence of the applicant's general court-martial. However, this action was not completed until after the applicant's release from active duty due to his completion of service. 3. Therefore, the applicant is entitled to the restoration of his rank of sergeant/ pay grade E05 with his original date of rank of 1 March 2005 and is entitled to any back pay and allowances that may be due as a result of the convening authority's action. 4. In view of the above, it is appropriate to amend the applicant's DD Form 214 to show his rank as SGT and his pay grade as E05 with an effective date of rank 1 March 2005. BOARD VOTE: ___X_____ ___X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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 showing the applicant's rank and pay grade was restored to SGT/pay grade E05 with an effective date of rank of 1 March 2005. 2. The Board further determined the applicant's DD Form 214 should be amended by entering "SGT" in Item 4a and "E05" in Item 4b. ________XXX______________ 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) AR20080013018 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080013018 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1