IN THE CASE OF:	  

		BOARD DATE:	  19 May 2011

		DOCKET NUMBER:  AR20100027965 


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 his rank and pay grade on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 14 November 2008 be corrected to show sergeant (SGT)/pay grade E-5.

2.  The applicant states that while he was on terminal leave his promotion points went through and he was promoted to SGT/E-5 before his expiration of term of service (ETS).

3.  The applicant provides:

* page 1 of his official military personnel file (OMPF) in the integrated Personnel Electronic Records Management System (iPERMS)
* his profile setting on Army Knowledge Online
* his DD Form 214

CONSIDERATION OF EVIDENCE:

1.  He enlisted in the Regular Army on 26 July 2005 for a period of 3 years and 16 weeks.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Infantryman).

2.  There are no orders in his OMPF promoting him to SGT/pay grade E-5.

3.  On 14 November 2008, he was released from active duty.  He completed 3 years, 3 months, and 19 days of active service that was characterized as honorable.  His DD Form 214 contains the following entries:

* item 4a (Grade, Rate or Rank) – SPC [specialist]
* item 4b (Pay Grade) – E04
* item 12h (Effective Date of Pay Grade) – 2007  07  01 [1 July 2007]

4.  His OMPF in iPERMS shows his grade as SGT with a date of rank (DOR) as 2008/11/01 [1 November 2008].

5.  An email from the Defense Finance and Accounting Service (DFAS) states he was paid at the rate of pay grade E-5 for the period 1 November 2008 to his date of separation on 14 November 2008.

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  This regulation states that the Soldier's active duty grade or rank and pay grade at the time of separation would be entered in item 4a and item 4b of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The iPERMS shows his grade as SGT with a DOR of 1 November 2008.

2.  DFAS paid him at the rate of pay grade E-5 from 1 November to 14 November 2008.  In view of the current entries on his DD Form 214, DFAS would not have paid him as an E-5 without promotion orders.

3.  The preponderance of evidence in this case indicates he was in fact promoted to SGT/E-5 effective 1 November 2008, prior to his ETS.  Therefore, the entries in items 4a, 4b, and 12h of his DD Form 214 should be corrected to show SGT, E-5, and 2008  11  01.

BOARD VOTE:

____X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 making the following changes to his DD Form 214 with a separation date of 14 November 2008:

* item 4a – change to read SGT
* item 4b – change to read E-5
* item 12h – change to read 2008  11  01



      ____________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)                                         AR20100027965



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ABCMR Record of Proceedings (cont)                                         AR20100027965



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